Circuit-level opinions on gifting arrangements are few and far between, but Cozen O’Connor’s Simon Fraser analyzes one of these rare decisions in an article from the American Bankruptcy Institute Journal. In particular, Simon discusses “gifting” in the context of a section 363 sale in the Third Circuit, and highlights that the key to this concept is that if a secured creditor is deemed to distribute its own funds, instead of estate funds, it may do so however it sees fit. To read more of Simon’s article on gifting arrangements, click here.