Statute
Section 363
24 published works
Credit Slips
The 23andMe Court Got It Right; Is that Wrong?
The bankruptcy court approved 23andMe's motion to sell its assets in its chapter 11 case. Those assets include the genetic information its customers had entrusted to the company. Understandably, many…
Bankruptcy Law Insights
COVID-19: “Avoiding” Harm to Corporate Good Samaritans
By Robert L. LeHane, Kristin Elliott
The impact of COVID-19 is being felt at all levels of the economy and will work its way through bankruptcy courts for years to come. In these early days, many…
In Solvency
Florida-based Entertainment Company Seeks Sale Via Chapter 11 Auction
iPic-Gold Class Entertainment, Inc. (IPIC) has filed a Chapter 11 case in Delaware to sell its business through a “363” bankruptcy auction. iPic is a Florida-based, publicly traded movie theater…
Delaware Bankruptcy Update
Maryland-based Home Sleep Testing Company Seeks Sale Via Chapter 11 Auction
Fox Partner Mette Kurth discusses NovaSom, Inc.'s recent Chapter 11 case in Delaware: NovaSom, Inc. has filed a Chapter 11 case in Delaware in order to sell its business through a “363”…
Restructuring Globalview
Interests and Good Faith Under Section 363 – A New Decision Explores the Limits of Both
By Kelly Singer
A recent decision from the Bankruptcy Court for the District of Montana highlights the limits of the term “interests” under section 363(f) of the Bankruptcy Code, and the limits of “good…
Delaware Bankruptcy Update
Third Circuit Allows for More Options for Buyers in a 363 Sale
On September 14, 2015, the Third Circuit released a precedential opinion (the "Opinion") which addressed payments from a buyer to non-debtor parties in a 363 sale. The Third Circuit's opinion…
Bankruptcy Report
Second Circuit Stands By Expansion of Section 363 Review in Chapter 15 Proceedings
By Kenneth Aulet, Dustin Smith
On Wednesday, January 14th, 2015, the Second Circuit declined to grant an en banc review of its holding requiring a full Section 363 review of a claims sale in a…
In Solvency
Furniture Brands Files for Bankruptcy in Delaware Seeking to Sell Assets
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction On September 9, 2013, Furniture Brands International ("Furniture Brands") and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of…
Delaware Bankruptcy Update
Real Mex Restaurants Files for Bankruptcy in Delaware, Hoping to Sell Assets Under a Section 363 Sale
Introduction On October 4, 2011, Real Mex Restaurants, Inc. ("Real Mex") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. In addition…
Real Estate Advisor Law Blog
A Receiver’s Authority to Sell Property Free and Clear of Liens and Encumbrances Gaining Momentum in Ohio
By Brad Kaplan
As the filing of Chapter 11 cases continues to be rare, state court alternatives for liquidation of assets continue to grow in popularity. State court alternatives typically provide a more…