• Inadequate Notice Limits “Free and Clear” Sales in Bankruptcy
  • August 23, 2016 | Author: Hanna Lahr
  • Law Firm: Burr & Forman LLP - Birmingham Office
  • Recently, the United States Court of Appeals for the Second Circuit entered a decision in the General Motors bankruptcy case that found an exception to the “free and clear” language of Section 363(f) of the Bankruptcy Code2 where adequate notice of the sale order is not provided.3 However, the exception may not be far reaching due to the “peculiar” facts of the case.