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    Do “Champerty” Laws Impair § 363 Sales of Estate Claims? (Crabtree v. Allstate)
    2024-08-20

    The general rule is that claims of the bankruptcy estate against third parties (e.g., preference claims and tort claims) can be sold to third parties in a § 363 sale.[Fn. 1]

    However, a recent opinion from the U.S. Fifth Circuit Court of Appeals discusses whether a state’s champerty law impairs a § 363 sale.[Fn. 2] 

    Filed under:
    USA, Mississippi, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Allstate, Fifth Circuit, US Court of Appeals
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
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