Business Bankruptcy Basics: Episode 7: Section 363 Sales
In Episode 7 of Business Bankruptcy Basics, hosts Miles Taylor and Ella Vincent are joined by the Honorable Lisa G. Beckerman of the U.S. Bankruptcy Court for the Southern District of New York to discuss section 363 sales.
Judge Beckerman explains how section 363 allows a trustee or debtor-in-possession to sell property of the bankruptcy estate, including sales outside the ordinary course of business with court approval and sales “free and clear” of liens and other interests. The episode covers why section 363 sales can be attractive to buyers, how creditor interests may be protected, and the key procedural steps involved, including notice, bidding procedures, auctions, sale hearings, and court approval.
The discussion also addresses strategic considerations, including when a debtor might use a section 363 sale instead of a plan transaction and the role of stalking horse bidders. This episode provides a practical overview of how section 363 sales work and why they are such an important tool in business bankruptcy cases.
The content of the “Business Bankruptcy Basics” podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.
The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.
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