Bankruptcy Ruling Shows Section 363’s Magic Has Its Limits 

August 10, 2023

Brian Shaw analyzes the significant role that Section 363 of the Bankruptcy Code plays in commercial bankruptcy cases in Law360.

The article discusses that although Section 363 is the “Swiss Army Knife of statutes," it comes with limitations when parties look to use the statute to turn a non-debtor entities’ property into property of a debtor’s bankruptcy estate.

Brian examines the U.S. Bankruptcy Appellate Panel for the Ninth Circuit’s decision in In re: Groves, a notable ruling that emphasizes that certain limitations should be recognized when invoking Section 363, preventing debtors from using it to transform non-debtor property into estate property.

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Brian Shaw

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