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The Fifth Circuit Joins the Eighth and Ninth Circuits in Holding that Avoidance Actions are Estate Property that may be Sold Pursuant to Section 363 of the Bankruptcy Code | Nelson Mullins Riley & Scarborough LLP

In an opinion on January 22nd, the Fifth Circuit Court of Appeals, in Matter of S. Coast Supply Co., 91 F.4th 376 (5th Cir. 2024), held that preference claims arising under 11 U.S.C. §...
United States Circuit Court Whiting Pools Inc A Bankruptcy Appeals Panel S Coast Supply Co Procurement Corp

Joining Other Circuits, the Fifth Circuit Reverses Lower Court and Approves Sale of Preferential Transfer Claims to Non-Fiduciaries | Patterson Belknap Webb & Tyler LLP

The Fifth Circuit recently ruled that a debtor can sell a preferential transfer action under Bankruptcy Code section 363 to a purchaser that is not a representative of the bankruptcy...
Patterson Belknap Webb Tyler Fund Cap Patterson Belknap Webb Fifth Circuit Bankruptcy Code Simply Essentials

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