Where’s The Fire? Viewing 363 Sales Through A Market Lens

Law360, New York (March 7, 2017, 10:43 AM EST) -- The question of who gets paid what and when has resurfaced as a hot topic in Chapter 11 bankruptcy filings. As part of that debate, the increasing use of Section 363 sales — going-concern sales or sales of all or substantially all of the debtor’s assets separate from a reorganization plan — has drawn alarm and criticism from some industry participants and observers.

In a 2014 report, the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 pointed to the increased use of 363 sales, and the increasingly fast pace at which they have been completed, and concluded that...

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