Asset Sales

Valuing the Difficult Asset

Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.

Fifth Circuit Interprets Section 363(m) More Broadly than Other Circuits

Anything that is ‘integrally related’ to a sale is moot in the Fifth Circuit, according to a New Orleans district judge.

Taking the Road Less Traveled: Three Alternatives to Chapter 11 for Suppliers in the Post-COVID Era

The onset of the COVID-19 pandemic has disrupted every level of the supply chain for suppliers and manufacturers. However, despite the added stress of a strained supply chain, labor shortages and the rising costs of raw materials, suppliers have largely avoided the chapter 11 process. In lieu of filing a bankruptcy petition, manufacturers and suppliers have sought out nonbankruptcy remedies, including out-of-court workouts, state law assignments for the benefit of creditors, and Article 9 of the Uniform Commercial Code (UCC) enforcement rights.

Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

Off to the Races: Procedural and Substantive Implications of § 557 and Grain Storage Facilities

Dec 2022