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§ 363(b)

In re Allied Holdings Inc.

Dec
19
2005
Ruling
Court provided that it would approve a key employee retention program with certain amendments to the program since the debtors had a sound business reason for proposing the program.
Procedural posture

Debtors, who had filed voluntary petitions under chapter 11, filed a motion for approval of a key employee retention program ("KERP") pursuant to 11 U.S.C. § 363(b). The KERP was supported by the official committee of unsecured creditors and the debtors'postpetition lenders but opposed by a union committee and the U.S. trustee.

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opinion summary, case decided on December 19, 2005 , LexisNexis #0306-014
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In re Toms Foods Inc.

Sep
23
2005
Ruling
Expedited motion authorizing scheduling of auction of most of debtor's assets was granted since sale would later have to be reviewed and approved by the court.
Procedural posture

The chapter 11 debtor in possession filed an expedited motion for authorization to schedule an auction for the sale of substantially all of the debtor's assets free and clear of all liens, claims, and interest. The motion also requested approval of certain bidding procedures which would govern the auction.

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opinion summary, case decided on September 23, 2005 , LexisNexis #0106-043
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