Ch. 11 Free-and-Clear Sale Ruling Takes Pragmatic Approach

Justice and law concept.Male judge in a courtroom with the gavel, working with, computer and docking keyboard, eyeglasses, on table in morning lightJustice and law concept.Male judge in a courtroom with the gavel, working with, computer and docking keyboard, eyeglasses, on table in morning light

Ch. 11 Free-and-Clear Sale Ruling Takes Pragmatic Approach

April 23, 2025

United States
United States
United States
Law360

In this Law360 article, Partner and US Finance Practice Group Leader David Wender and Associate Sameer Alifarag write about a recent ruling from a New York bankruptcy court in which the debtors were granted authority to sell leasehold interests free and clear over a lienholder's objection. David and Sameer explain that this signals a practical approach and a recalibration of the balance between debtor flexibility and creditor protections.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Services

Industries

Key contacts

davidwender@eversheds-sutherland.com

David A. Wender

Partner

Atlanta, United States | Houston, United States

AlifaragSameer@eversheds-sutherland.us

Sameer M. Alifarag

Senior Associate

New York, United States

Latest Insights

  • legal updates
  • legal updates
  • legal updates
  • guides and reports

Latest News

  • firm news
  • firm news
  • firm news
  • firm news

Latest Events

modern glass office building with tree background

legal updates

October 28, 2026

skyscrapers upward view symmetry glass facade modern corporate architecture

legal updates

October 27, 2026

Classical stone columns historic building architecture detail

legal updates

October 26, 2026

EU-flags-at-the-European-Commission-Berlaymont-building-cropped

guides and reports

October 23, 2026

© Eversheds Sutherland 2026. All rights reserved. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website.