Vacating Chrysler

10 Pages Posted: 15 Jun 2010 Last revised: 30 Jun 2012

See all articles by George W. Kuney

George W. Kuney

University of Tennessee College of Law; Clayton Center for Entrepreneurial Law

Date Written: March 1, 2010

Abstract

This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of good facts and a crisis making what is, perhaps, bad law, which has been a pattern in the evolution of chapter 11 jurisprudence since the Bankruptcy Code was enacted in 1978. The Supreme Court appears to have recognized this in the Chrysler case and took the opportunity created by the petition for the certiorari to attempt to wipe the slate clean and reestablish the pre-Chrysler status quo. If this was the Justices’ intent, it is not clear that they succeeded and, if past events are taken as predictive, more likely that they did not.

Keywords: bankruptcy, chapter 11, chrysler, reorganization, sale of substantially all the assets, section 363

JEL Classification: K00, K11, K10, K12, K19, K29, K39, K49

Suggested Citation

Kuney, George W., Vacating Chrysler (March 1, 2010). University of Tennessee Legal Studies Research Paper No. 116. Available at SSRN: https://ssrn.com/abstract=1564299 or http://dx.doi.org/10.2139/ssrn.1564299

George W. Kuney (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States
865-974-2500 (Phone)

HOME PAGE: http://www.law.utk.edu/faculty/kuney/index.shtml

Clayton Center for Entrepreneurial Law ( email )

The Boyd Center for Business and Economic Research
Knoxville, TN 37996
United States

HOME PAGE: http://www.law.utk.edu/faculty/kuney/index.shtml

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