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Fifth Circuit: Preference Claims Are Property of the Bankruptcy Estate that Can Be Sold | Jones Day

Fifth Circuit: Preference Claims Are Property of the Bankruptcy Estate that Can Be Sold | Jones Day
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The Fifth Circuit Joins the Eighth and Ninth Circuits in Holding that Avoidance Actions are Estate Property that may be Sold Pursuant to Section 363 of the Bankruptcy Code | Nelson Mullins Riley & Scarborough LLP

Joining Other Circuits, the Fifth Circuit Reverses Lower Court and Approves Sale of Preferential Transfer Claims to Non-Fiduciaries | Patterson Belknap Webb & Tyler LLP

The Fifth Circuit recently ruled that a debtor can sell a preferential transfer action under Bankruptcy Code section 363 to a purchaser that is not a representative of the bankruptcy.

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