Ch. 11 Free-and-Clear Sale Ruling Takes Pragmatic Approach

Justice and law concept.Male judge in a courtroom with the gavel, working with, computer and docking keyboard, eyeglasses, on table in morning lightJustice and law concept.Male judge in a courtroom with the gavel, working with, computer and docking keyboard, eyeglasses, on table in morning light

Ch. 11 Free-and-Clear Sale Ruling Takes Pragmatic Approach

April 23, 2025

United States
United States
United States
Law360

In this Law360 article, Partner and US Finance Practice Group Leader David Wender and Associate Sameer Alifarag write about a recent ruling from a New York bankruptcy court in which the debtors were granted authority to sell leasehold interests free and clear over a lienholder's objection. David and Sameer explain that this signals a practical approach and a recalibration of the balance between debtor flexibility and creditor protections.

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davidwender@eversheds-sutherland.com

David A. Wender

Partner

Atlanta, United States | Houston, United States

AlifaragSameer@eversheds-sutherland.us

Sameer M. Alifarag

Senior Associate

New York, United States

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