Cahill Article On Credit Bidding Published in The Bankruptcy Strategist

An article on credit bidding by Christopher M. Cahill and George W. Kuney, the Lindsay Young Distinguished Professor of Law and Director of the Clayton Center for Entrepreneurial Law at the University of Tennessee College of law, was published in the The Bankruptcy Strategist. In “Limiting Credit Bidding for ‘Cause’ Under Section 363(k): Contra Philadelphia Newspapers Footnote 14,” Bankruptcy Strategist (August, 2015), the authors discuss the dearth of authority for the proposition that credit bids in bankruptcy sales may be limited solely because they may chill cash bidding. The argument supports the bargained-for rights of secured creditors and challenges judicial reasoning in the Philadelphia Newspapers, Fisker Automotive Holdings, and The Free Lance-Star Publishing Co. of Fredericksburg, VA cases.