Peace in the war between federal antitrust notification and bankruptcy asset sales? A survey of the reformed s. 363(b)(2)(B)

Article Abstract:

Congress attempted to resolve the conflicts between the Bankruptcy Code section 363(b)(2)(B) and the Hart-Scott-Rodino Improvements Act of 1976 involving the antitrust implications of a bankruptcy liquidation in the 1994 Bankruptcy Reform Act. The reform extends the waiting period after federal antitrust premerger notification from 10 days to 15 days with a possible 10-day extension to allow for antitrust investigation. However, this reform fails to resolve the more compelling issue of jurisdiction over the sale if antitrust issues are raised.

United States, Antitrust law

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The parameters of the non-plan liquidating Chapter Eleven: refining the Lionel standard

Article Abstract:

The guidelines for non-plan liquidations which came from Committee of Equity Security Holders v Lionel Corp remain apt although some limitations exist. The guidelines apply to Chapter 11 bankruptcies under section 363(b) of the Bankruptcy Code. One improvement would be for courts to ask whether sales should be handled by debtors-in-possession rather than trustees.

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Postconfirmation modification of Chapter 13 plans: a sheep in wolf's clothing

Article Abstract:

Standards are needed for application of section 1329 of the Bankruptcy Code covering postconfirmation modification. Courts have given inconsistent interpretations, especially involving res judicata. A uniform standard would comprise two steps, one for ascertaining if circumstances have changed, and another for evaluating the ability to pay under the proposal.

Analysis, Res judicata

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