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Entries tagged “Asset Sale”

3rd Circuit and Delaware Bankruptcy Court Hold That “Receipt” Under Bankruptcy Code Section 503(b)(9) Requires Physical Possession

Insight Douglas J. Schneller Douglas J. Schneller · August 03, 2017
Section 503(b)(9) of the Bankruptcy Code provides a seller of goods with an administrative expense claim equal to the value of goods received by the debtor within the 20 day period prior to the bankruptcy filing. Two recent decisions provide important guidance for sellers and buyers of goods on the eve of a debtor’s bankruptcy. Read more

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Client Alert: 2nd Circuit Affirms Debtor’s Decision to Nix Sale After Market Price Increases

Insight Douglas J. Schneller Douglas J. Schneller · June 09, 2017
In a decision that will be of interest to distressed investors and sellers and buyers of bankruptcy claims, the United States Circuit Court of Appeals for the Second Circuit affirmed a lower court decision which permitted a claims seller – and debtor in bankruptcy – to disapprove a trade confirmation after the market price had

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