Craig Goldblatt Andrew Goldman

Craig Goldblatt Andrew Goldman

December 02, 2013 | New York Law Journal

'Free and Clear' Has Broad Reach in Bankruptcy Sales

Craig Goldblatt, Andrew Goldman and Nancy Manzer of Wilmer Cutler Pickering Hale and Dorr write: Courts have disagreed on the exact breadth of the term "free and clear," which the Bankruptcy Code does not define. Most courts, however, have construed the term broadly, holding that it encompasses more than just "in rem" interests in property. Two recent bankruptcy court decisions illustrate the reach and vibrancy of the "free and clear" bankruptcy tool.

By Craig Goldblatt, Andrew Goldman and Nancy Manzer

13 minute read