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IMPROVING BANKRUPTCY SALES BY RAISING THE BAR: IMPOSING A PRELIMINARY INJUNCTION STANDARD ON OBJECTIONS TO SECTION 363 SALES
Catholic University Law Review (2012)
  • Matthew Adam Bruckner, Cleveland-Marshall College of Law
Abstract
In response to objections causing wasteful, unnecessary, and inappropriate delay in the bankruptcy sale context, this article concludes that bankruptcy courts should employ a preliminary injunction standard for evaluating objections to bankruptcy sales. Employing a strict, clear and uniform standard would decrease the likelihood that strategic objectors will succeed in delaying bankruptcy sales, but should not bias creditors with “legitimate” objections. By preventing inappropriate delay, courts will ensure that creditors receive an appropriate amount of procedural protection for their legitimate claims, while at the same time preventing parties-in-interest from engaging in rent-seeking behavior by making strategic objections to bankruptcy sales.
Keywords
  • bankruptcy,
  • sales,
  • section 363,
  • preliminary injunction
Disciplines
Publication Date
Fall October, 2012
Citation Information
Matthew Adam Bruckner. "IMPROVING BANKRUPTCY SALES BY RAISING THE BAR: IMPOSING A PRELIMINARY INJUNCTION STANDARD ON OBJECTIONS TO SECTION 363 SALES" Catholic University Law Review Vol. 62 (2012)
Available at: http://works.bepress.com/matthew_bruckner/1/