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Emory Bankruptcy Developments Journal

Authors

Alla Raykin

Abstract

The use of § 363 sales has become immensely popular. The mechanism is no longer used just to get cash funding through the reorganization, but to dispose of the bankruptcy petition altogether. The primary benefit of § 363 sales is their speed. The Lehman Brothers, Chrysler, and General Motors bankruptcies demonstrated exigent situations in which courts approved quick § 363 sales to avoid the risk of allowing such large companies to fail.

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