Asset Sales Committee

Committees

Post date: Friday, September 21, 2018

Adequate protection is one of the central protections provided to secured creditors by the Bankruptcy Code, and it is designed to protect against any diminution of the value of the secured creditor’s lien during the course of a debtor’s bankruptcy proceedings.

Post date: Friday, September 21, 2018
Photo of Amanda E. Finley
Amanda E. Finley

Similar to domestic bankruptcy cases, in chapter 15 cases the sale or disposition of property located in the U.S.

Post date: Wednesday, June 27, 2018

Editor’s Note: The following article, “Spanish Peaks’ Reinvigoration of the Precision Industries Debate: Rejection in the Context of a § 363 Sale Free and Clear of Commercial Leasehold Interests” won the prize for third place in the Tenth Annual ABI Bankruptcy Law Student Writing Competition. Mr.

Post date: Wednesday, June 27, 2018

This article examines certain key provisions in asset-purchase agreements that practitioners will want to pay attention to when purchasing assets in bankruptcy sales.

Good-Faith Deposits

Post date: Wednesday, June 27, 2018

A recent decision from the U.S. Bankruptcy Court for the District of Montana highlights the limits of the term “interests” under § 363(f) of the Bankruptcy Code and the limits of “good faith” under § 363(m). In In re Mountain Divide LLC, Case No. 16-61015-11 (Bankr. D. Mont.

Post date: Tuesday, May 01, 2018

Federal policy weighs heavily in favor of protecting the finality of sale orders in bankruptcy.[1] “It has been held that 11 U.S.C.

Post date: Tuesday, May 01, 2018

On Feb. 21, 2018, the U.S. Bankruptcy Court for the District of Delaware issued its opinion in Stanley Jacobs Prod. Ltd. v. 9472541 Can. Inc. (In re Thane Int'l Inc.).[1] The issue was whether an executory contract that was neither affirmatively assumed nor rejected was assumed and assigned in a § 363 sale transaction.

Post date: Sunday, February 04, 2018
Photo of Fernando J. Menendez, Jr.
Fernando J. Menendez, Jr.

Orders approving the sale of assets in bankruptcy provide the required authorization for the disposition of estate property outside of the ordinary course of the debtor’s business.

Post date: Sunday, February 04, 2018

[1]The recent case of In re Energy Future Holdings[2] highlights the difficulties and risks of using break-up fees within chapter 11 cases.

Post date: Sunday, February 04, 2018

On Oct. 24, 2017, the U.S. Court of Appeals for the Third Circuit in In re Pursuit Capital Management LLC[1] struck down an appeal as moot pursuant to a strict interpretation of Bankruptcy Code § 363(m) in large part due to the appellant’s failure to seek a stay of a sale order in the lower court.

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Mr. Matthew J. LoCascio
Co-Chair
SC&H Capital
Ellicott City, MD
(443) 951-4846

Ms. Randye B. Soref
Co-Chair
Polsinelli
Los Angeles, CA
(310) 556-1801

Ms. Jane Kim
Education Director
Keller Benvenutti Kim LLP
San Francisco, CA
(415) 364-6793

Mr. William Hao
Membership Relations Director
Alston & Bird LLP
New York, NY
(212) 210-9417

Mr. Christopher M. Candon
Newsletter Editor
Sheehan Phinney
Manchester, NH
(603) 627-8168

Mr. Steven L. Victor
Special Projects Leader
Development Specialists, Inc.
Chicago, IL
(312) 263-4141

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