In re Texas Rangers Baseball Partners
United States Bankruptcy Court for the Northern District of Texas
431 B.R. 706 (2010)
As the financially troubled Texas Rangers (debtor), controlled indirectly by heavily indebted Thomas Hicks, sought to sell to Express over the objection of Hicks's lenders (who held a contractual veto over any sale), the Rangers filed Chapter 11 to cram down the sale; the court-approved auction procedure named Express as stalking-horse bidder with a guaranteed breakup fee of roughly 2 percent of the purchase price if another bidder won instead, and Hicks's lenders moved for reconsideration after the bankruptcy court approved the procedure.
In an auction sale of a chapter 11 debtor, may the stalking-horse bidder be promised a breakup fee in the event that its bid is unsuccessful, if the fee is not excessive?