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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.

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

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