Bankruptcy Sale 'Free and Clear' May Not Shield Against Successor Liability

, New York Law Journal


Jerrold L. Bregman, Michael A. Cohen and Peter J. Buenger of Curtis, Mallet-Prevost, Colt & Mosle review a recent decision in which the Southern District held that principles of due process override provisions in a bankruptcy court's order approving a sale, pursuant to Bankruptcy Code §363, that purported to insulate a purchaser from successor liability for future tort claims.

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