In The News

| November 3, 2009

Sales Pursuant to Section 363 of the Bankruptcy Code — the Perspective of the “Stalking Horse”

A sale of assets in Chapter 11, whether pursuant to a plan of reorganization or a motion under Section 363 of the Bankruptcy Code, presents different challenges than a sale outside of bankruptcy. In Chapter 11, each of the bankruptcy “constituencies” brings its own, separate agenda to the sale process. Sometimes these agenda overlap; sometimes they collide.

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Todd L. Padnos

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