When Is Final, Final? Appeals from § 363(m) Findings



March 31, 2018

Reprinted with permission from the ABI Journal, Vol. XXXVII, No. 4, April 2018.

The outcomes in Old Cold and Pursuit Capital reaffirm the federal policy of finality in sale orders, and parties that seek to challenge a bankruptcy court sale should seek to stay the sale order to preserve appellate rights. However, the issuance of two circuit-level opinions on the subject suggests that the policy will continue to be tested and buyers will never be fully insulated from extensive litigation until the appeal period expires.

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