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Howard J. Berman and Nancy A. Peterman, shareholders at Greenberg Traurig, write: When competing bids in an asset sale differ in more than just price, bankruptcy courts have much greater latitude to consider the ability of a bidder to close the transaction quickly, whether regulatory approval may be problematic, the preservation of jobs and, in the case of the sale of a healthcare facility, the public health interests, needs of the community and the facility’s mission.
