Thursday, July 14, 2011
Mis-citing
I'm researching antitrust challenges to bankruptcy asset sales. You would not believe how many times somebody has mistakenly typed 363(b)(2) (the Hart-Scott-Rodino amendment to the bankruptcy code) when he or she meant to type (e.g.) 363(b)(1) (the general rule regarding sales outside of the ordinary course of business in bankruptcy), 363(c)(2) (the rule regarding the use of cash collateral in bankruptcy), 362(b)(2) (the exception to the automatic stay for child support and paternity actions), and so on. Amazing.
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Wow. You got back onto the blog with a vengeance!
ReplyDeleteGood topic. I think Norm Hawker has written about it but I can't think of anyone. Is tehremuch out there?
Yes, I've been bottled up w/r/t blogging.
ReplyDeleteThere isn't much out there, and it has proved to be a challenge for me. There are two seemingly irreconcilable perspectives: bankruptcy policy is fulfilled if you hawk the asset to the competitor who will pay a monopoly premium, while antitrust policy is fulfilled if you choose the new entrant purchaser who must discount its bid to reflect the uncertainty of success. Now comes the theoretical fun.