The Art of the Auction: Practical Insights from Section 363 Sale Processes
Author: Scott B. Lepene.; Sophia R. Wang.
Source: Volume 41, Number 10, October 2025 , pp.143-149(7)
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Abstract:
Navigating a bankruptcy-sale process requires the implementation of various procedures and following numerous requirements to ensure that the integrity of the sale process is preserved and a commercial reasonableness standard is satisfied. This article reviews the necessary steps in enabling a debtor in a chapter 11 bankruptcy to successfully implement a section 363 bankruptcy sale and cautions readers as to what may ensue if the appropriate steps are not followed.Keywords: Bankruptcy Auctions; Pre-Bid Marketing; Bid Procedures; Conducting the Auction; Winning Bid; Reopening Auction
Affiliations:
1: ArentFox Schiff LLP; 2: ArentFox.