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Law Review: Bruckner, Matthew- Improving Bankruptcy Sales by Raising the Bar

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By Ed Boltz, 24 January, 2012
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-like standard for evaluating objections to bankruptcy sales.   Employing a strict, preliminary injunction-like standard should decrease the possibility that parties-in-interest will introduce an improvident delay into the bankruptcy sale process.  By preventing inappropriate delay, courts will ensure that parties receive an appropriate amount of procedural protection for their legitimate claims, and they will also prevent creditors from engaging in rent-seeking behavior by making strategic objections to bankruptcy sales.

For a copy of the article, please see:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1983384

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