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Focus (Forum & Focus)

Aug. 23, 2007

Stalking Profits

Focus Column - By Howard N. Madris - It turns out that one of the best ways to make money at a bankruptcy auction is by losing your bid.

FOCUS COLUMN

By Howard N. Madris

      To quote the Neil Sedaka song, "breaking up is hard to do." However, for the initial, or "stalking horse", bidder for bankruptcy estate assets, a breakup fee - the fee the stalking horse may receive when it is outbid at a bankruptcy court auction - can result in the stalking horse earning a profit even though it was outbid. Indeed, there are a number of advantages that an initial bidder can obt...

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