Due Process and 363 Sales of Consignment Goods
Due Process and 363 Sales of Consignment Goods, American Bankruptcy Institute Young & New Members Committee Newsletter, Vol. 6, No. 4, November 2008. Authored by Ericka F. Johnson.
In this article, Morris James LLP attorney Ericka F. Johnson discusses the recent decision of the United States Bankruptcy Court for the District of Delaware in In re Whitehall Jewelers Holdings Inc., 2008 WL 2951974 (Bankr. D. Del. July 28, 2008). In Whitehall, the Court halted the Debtors' efforts to sell consigned inventory under 11 U.S.C. § 363(f)(4) without first commencing adversary proceedings to determine whether the Debtors had any interest in the goods themselves. Ms. Johnson discusses the Court's decision and provides practice pointers.
