Bankruptcy Auctions (3 Hrs)

Lessons

Chapter 7 Intro Purpose of Chapter 7 and how liquidation works Role and authority of the Chapter 7 trustee Court approval required before auctioneer engagement Types of assets commonly sold: real property and personal property Exempt versus non-exempt property considerations Sales free and clear of liens and interests Advertising, notice, and creditor communication Auction conduct and reporting requirements Distribution of proceeds and final accounting Common auctioneer mistakes in Chapter 7 cases

Lessons

Chapter 9 Intro Purpose of Chapter 9 and municipal debt adjustment Eligibility requirements for municipalities Absence of a bankruptcy trustee Limited court authority over municipal assets Public use restrictions on municipal property Political and statutory constraints Why auctions are rare and highly regulated Due diligence before accepting engagement Transparency and public notice requirements High reputational and legal risk considerations

Lessons

Chapter 11 Intro Purpose of Chapter 11 and reorganization goals Debtor in possession authority versus trustee control Retention of auctioneers under court order § 363 sales and sales free and clear of liens Bidding procedures, orders, and court-mandated auction terms Stalking horse bidders and overbid structures Conducting the auction and managing qualified bidders Sale hearings and courtroom overbids Heightened scrutiny of auctioneer performance and fees Post-sale filings and compensation approval

Lessons

Chapter 12 Intro Purpose and eligibility requirements of Chapter 12 Role of the trustee and debtor involvement Agricultural land, equipment, livestock, and crop issues Seasonal timing concerns affecting auction value Secured creditor rights in farm assets Limited use of auctions but high asset values Court approval and notice requirements Coordination with lenders and farm operators Special valuation and marketing considerations Risk factors unique to agricultural auctions

Lessons

Chapter 13 Intro Purpose of Chapter 13 repayment plans Why auctions are rare in Chapter 13 cases Trustee oversight and court approval hurdles Asset sales through plan modification Real property sales versus personal property Restrictions on debtor authority Warning signs when approached for a Chapter 13 auction Common misunderstandings by debtors and attorneys When auctioneers should decline engagement Limited compensation and approval risks

Lessons

Chapter 13 Related Intro Distinguishing bankruptcy auctions from foreclosures State court receiverships versus bankruptcy Assignments for the benefit of creditors Divorce and probate sales mistaken for bankruptcy Why misclassification creates liability Confirming court authority before auction Documentation auctioneers must verify Best practices for intake screening Declining improperly structured engagements Protecting the auctioneer from unauthorized sales

Lessons

Chapter 15 Intro Purpose of Chapter 15 and international insolvency Recognition of foreign main and non-main proceedings Role of the foreign representative U.S. court authority and limitations When U.S. auctions may be permitted Jurisdiction and enforcement challenges Asset location and control issues Coordination with foreign courts and counsel Extreme caution and risk assessment for auctioneers Practical guidance on declining or limiting involvement

Lessons

Bankruptcy Quiz Intro Bankruptcy auctions Quiz