Forum (Forum & Focus)
Jul. 9, 2009
Bargain Shopping
In her book "A Comparison Shopping Guide for 363 Sales," Kelly Frazier provides an overview of a debtor's restructuring options and discusses the bankruptcy sale process.
FORUM COLUMN
By Kelly Frazier The terms "breakup fee" and "topping fee" are used interchangeably in the 363 sale context - most times being referred to universally as a "breakup fee" - much to the confusion of the courts and the bankruptcy community. To make matters even more confusing, the term "breakup fee" also is commonly used to refer to expense reimbursements to buyers in a 363 sale transaction. Thus, in order to analyze the use of b...
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