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ABI Journal

Asset Sales

A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case

In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order

The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.

Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says

Selling a debtor’s claims must be structured to avoid champerty under state law.