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The Newspaper Notice

By Christopher M. Cahill and Jonathan P. Friedland
August 01, 2016

Maybe you represent a secured lender. You are to assist your client in its exercise of rights under Uniform Commercial Code (UCC) ' 9-610 to sell its collateral after it has foreclosed. Perhaps you represent a Chapter 11 debtor selling its assets under ' 363, or maybe you are a federal equity receiver, an assignee for the benefit of creditors, or maybe a state court receiver who is selling a company's assets pursuant to state law.

Regardless of the hat you wear, you have business assets or maybe even an entire going concern to sell. How will you fulfill your duty to market the sale in a commercially reasonable manner, to obtain the highest price you reasonably can?

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