Limiting Credit Bidding for 'Cause' Under Section 363(k)

Recently, the ABI Commission to Study the Reform of Chapter 11 released its 2012-2014 Final Report and Recommendations in which the Commissioners implicitly rejected the contrary reading of "cause" tendered by the Third Circuit in <I>In re Philadelphia Newspapers, LLC</I>, and both cited and seemingly applied, to some degree, in <I>In re Fisker Automotive Holdings, Inc.</I>

25 minute read August 01, 2015 at 12:04 PM

Christopher M. Cahill and

George W. Kuney

Recently, the ABI Commission to Study the Reform of Chapter 11 released its 2012-2014 Final Report and Recommendations. There, the Commission acknowledged “the fundamental role of credit bidding under state law and section 363(k)” and that “all credit bidding chills an auction process to some extent.”

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Limiting Credit Bidding for 'Cause' Under Section 363(k)

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California’s AI Transparency Stack: From State Obligation to Adoption Strategy