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56Chevy

01/11/13 4:40 PM

#1507 RE: romang #1506

could the DIP lenders force a 363 sale even if the proceeds would not be enough to pay 2nd liens in full.

The answer to that may depend on which courtroom you're doing the asking in.

<taken from the article>

While these questions have arisen
often, rulings have varied from
jurisdiction to jurisdiction
, and there is
limited appellate guidance to direct future
decisions since most sale orders are
mooted before effective appeals can be
mounted.










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TheProfit

01/12/13 3:47 AM

#1509 RE: romang #1506

Great post Romang!
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Enterprising Investor

01/12/13 3:59 PM

#1511 RE: romang #1506

The answer lies in those missing objections.

I would not fret about it right now. Filings tend to show up at the last minute... for a reason. The goal is to always wait until the last minute. This gives your adversary little time to react and the formulate a counterattack.