The Lionel case has long stood as the standard bearer for asset sales in bankruptcy that are outside of the ordinary course of business and outside of a plan of reorganization. The big auto cases later refined the analysis. The decision in Boston Generating1 confirms the option of selling substantially all of a debtor’s assets pursuant to a pre-negotiated sale, outside of a plan, and presented to the court within 48 hours of a Chapter 11 filing. Provided, that is, that

(i) there is a good business reason for proceeding with a sale rather than a plan,

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]