Reopening Section 363 Bankruptcy Auctions | Practical Law

Reopening Section 363 Bankruptcy Auctions | Practical Law

This Practice Note discusses the reopening of a section 363 bankruptcy auction. This Note reviews the competing policy considerations involved, the factors considered by courts, and other considerations for interested parties.

Reopening Section 363 Bankruptcy Auctions

Practical Law Legal Update w-000-7154 (Approx. 2 pages)

Reopening Section 363 Bankruptcy Auctions

by Practical Law Bankruptcy and Practical Law Finance
Published on 26 Oct 2015USA (National/Federal)
This Practice Note discusses the reopening of a section 363 bankruptcy auction. This Note reviews the competing policy considerations involved, the factors considered by courts, and other considerations for interested parties.
Courts generally do not reopen fairly conducted section 363 sales that result in an adequate price. However, when a higher and better bid for the assets can be obtained after the auction has closed, courts must balance the debtor's duty to maximize the value of the estate with the need to preserve finality and integrity of the auction process. While accepting late bids may mean more money for creditors, over time this may undermine confidence in judicial sales and discourage parties from making their highest bids in a timely manner during the auction. The various approaches of the courts to reopening auctions to entertain "upset" bids highlights a tension between these competing bankruptcy policies. To learn about the factors that courts consider when determining whether to reopen an auction and strategies for late bidders and other interested parties, see Practical Law's Practice Note, Reopening Section 363 Bankruptcy Auctions.