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You Can't Buy Me Love and You Can't Buy a 363(f) Order to Sell Estate Assets Free and Clear By David Zubkis (PDF)

In In re Southern Manufacturing Group, the Bankruptcy Court for the District of South Carolina recently denied a Chapter 7 trustee's motion to sell substantially all the debtor's assets free and clear of liens, claims, encumbrances, and other interests, notwithstanding the fact that the sale was likely the estate's best chance of securing a return for unsecured creditors.
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In In re Southern Manufacturing Group, the Bankruptcy Court for the District of South Carolina recently denied a Chapter 7 trustee's motion to sell substantially all the debtor's assets free and clear of liens, claims, encumbrances, and other interests, notwithstanding the fact that the sale was likely the estate's best chance of securing a return for unsecured creditors. The author of this article discusses the decision.

 David Zubkis is an associate in the Business Finance & Restructuring group at Weil, Gotshal & Manges LLP. He received his J.D., cum laude, from Brooklyn Law School and his B.A., summa cum laude, from San Francisco State University. He may be contacted at david.zubkis@weil.com.

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