Section 363 Sales Free and Clear of Interests: Why the Seventh Circuit Erred in Precision Industries V. Qualitech
The Business Lawyer, Vol. 59, 2004
28 Pages Posted: 6 Jan 2012
Date Written: February 5, 2004
Abstract
Does Bankruptcy Code Section 363(f) allow a debtor to sell its interest in real property free and clear of an existing lease? The Seventh Circuit in Precision Industries v. Qualitech, 327 F.3d 537 (2003), said yes. This article submits that the case is wrongly decided and contends that to permit such a sale would effectively nullify the protections offered to tenants by Bankruptcy Code Section 365(h).
Suggested Citation: Suggested Citation
Baxter, Michael, Section 363 Sales Free and Clear of Interests: Why the Seventh Circuit Erred in Precision Industries V. Qualitech (February 5, 2004). The Business Lawyer, Vol. 59, 2004, Available at SSRN: https://ssrn.com/abstract=1980203
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