Resolving the Competing Desires of Buyers and Tenants In Bankruptcy

A Tension Between §§363(f) and 365(h) How do bankruptcy judges resolve the competing desires of buyers and tenants? Must buyers bid for property knowing that tenants might have the right to stay if their leases are rejected? Are tenants in jeopardy that they might have to move elsewhere to live or work?

8 minute read September 01, 2019 at 12:05 AM
By
Daniel A. Lowenthal
Resolving the Competing Desires of Buyers and Tenants In Bankruptcy

Chapter 11 cases take less time from start to finish than they did 10 to 15 years ago. Companies often don't file these days to stay in business but to sell assets and liquidate.

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