Stalking Horse Bidder in Section 363 Sales: Benefactor or Predator?

Outside of U.S. bankruptcy usage, and for the vast majority of its life, the term "stalking horse" has referred to an artifice for predators. In some circumstances, a stalking horse bidder in a section 363 sale can more closely resemble the term's original meaning.

15 minute readMay 02, 2015 at 12:00 AM
By
Christopher M. Cahill
Stalking Horse Bidder in Section 363 Sales: Benefactor or Predator?

Debtors and creditors committees in Chapter 11 cases often regard a “stalking horse” bidder as a benefactor of most or all stakeholders, for it enhances the market for the sale

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