ABI Journal: The Sale of Mortgage Loans Free and Clear in a Chapter 11 Plan

Restructuring partner Robert Britton and associate Karen Zeituni co-authored an article, “The Sale of Mortgage Loans Free and Clear in a Chapter 11 Plan,” in the March 1 issue of the ABI Journal. The authors discuss the application of section 363 of the Bankruptcy Code to the sale of consumer credit contracts following the denial of Ditech Holding Corp.’s second amended chapter 11 plan by a judge. The judge’s decision, the authors note, confirms that debtors may pursue a “free and clear” sale of assets without having to rely on section 363, but they should carefully consider the effect of its provisions in a hypothetical chapter 7 case to ensure that their plan complies with the “best-interest-of-creditors” test.

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