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

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

Michael Baxter (Contact Author)

Covington & Burling LLP ( email )

One CityCenter
850 Tenth Street, NW
Washington, DC 20001-4956
United States

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