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ABI Journal

Asset Sales

Monday, August 22, 2022
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A ‘Notwithstanding’ Clause May Not Control a Specific Provision, District Judge Says

An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.

Monday, August 15, 2022
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Thursday, July 28, 2022
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Monday, July 25, 2022
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The Right to Credit Bid Does Not Preclude Charging a Buyer’s Premium at Auction

When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.

Assets Sold Free and Clear of a Multi-Employer Pension Plan’s Withdrawal Liability

The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability.

Monday, July 18, 2022
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District Court Affirms: ‘13’ Debtors Lose Appreciation in a Home After Conversion to ‘7’

On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.