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ABI Journal

Finance and Banking

Uncuffing the Debtor: Developing Approaches to § 345(b)

May 2025

Bankruptcy Code
Bankruptcy Code
Article Tags

Bankruptcy Judge Rejects a District Court’s Narrow View of Sales Free and Clear

New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.