Asset Sales Committee

Committees

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.

Post date: Thursday, November 02, 2017

State court receiverships have become a popular alternative to federal bankruptcy proceedings for the sale of distressed businesses.[1] In Wisconsin, Wis. Stats.

Post date: Thursday, November 02, 2017
Photo of Leyza F. Blanco
Leyza F. Blanco

It is no secret that restaurants and bars have high mortality rates. When these businesses fail, liquor licenses are frequently the only remaining valuable asset. Liquor licenses are crucial to restaurants and other hospitality venues’ ongoing operations and can be worth a lot of money.

Post date: Thursday, September 07, 2017

After a bankruptcy case closed, a third party (CVC) sued the purchaser (ADM) of property acquired from the debtors in a bankruptcy sale. CVC claimed that it had a right of first refusal (ROFR) with respect to the property. In response, ADM contended that the ROFR did not survive the “free and clear” bankruptcy sale.

Post date: Thursday, September 07, 2017

What happens when property of the estate that a trustee or debtor-in-possession proposes to sell “free and clear” is subject to unexpired lease interests? The resolution of this question requires the reconciliation of two separate provisions of the Bankruptcy Code that most often operate independently and in isolation. The first provision, 11 U.S.C.

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Ms. Leyza Florin Blanco
Co-Chair
Sequor Law
Miami, FL
(305) 372-8282

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

Mr. Steven L. Victor
Communications Manager
Development Specialists, Inc.
Chicago, IL
(312) 263-4141

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

Mr. Christopher M. Candon
Membership Relations Director
Sheehan Phinney
Manchester, NH
(603) 627-8168

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

Mr. William Hao
Special Projects Leader
Alston & Bird LLP
New York, NY
(212) 210-9417

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