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Committee Call: Gifting in 363 Sales and Plans

The Unsecured Trade Creditors' Committee's call discussed “gifting” and other recent developments regarding application of the absolute priority rule. In In re ICL Holding, the Third Circuit Court of Appeals recently held that “gifting” is permissible in section 363 sales. Conversely, in prior opinions, both the Second and Third Circuits have held that “gifting” is not permissible in the context of a chapter 11 plan.

A Look Back on 2015

This has been another productive year for the ABI Young and New Members Committee. At the Annual Spring Meeting, we were thrilled to pair with the Bankruptcy Taxation and Business Reorganization Committees to present a session entitled, “Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions.” We offered mimosas and Bloody Marys to those who attended the panel despite the early Saturday morning time slot,