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Asset Sales Committee

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Post date: Tuesday, March 05, 2019

Investors and those representing them go to great lengths to maximize the value of their deals in § 363 asset purchases. But if they’re not careful, they could easily find themselves in the following auction scenario, where a little ambiguity jeopardizes significant value that a “stalking horse” bidder thought it had already negotiated.

Post date: Tuesday, March 05, 2019

Over the past several years, financially distressed companies have increasingly used bankruptcy as the preferred method to sell significant assets or entire businesses.

Post date: Friday, September 21, 2018

Amanda E. Finley
Post date: Friday, September 21, 2018

Similar to domestic bankruptcy cases, in chapter 15 cases the sale or disposition of property located in the U.S.

Post date: Wednesday, June 27, 2018

Editor’s Note: The following article, “Spanish Peaks’ Reinvigoration of the Precision Industries Debate: Rejection in the Context of a § 363 Sale Free and Clear of Commercial Leasehold Interests” won the prize for third place in the Tenth Annual ABI Bankruptcy Law Student Writing Competition. Mr.

Post date: Wednesday, June 27, 2018

This article examines certain key provisions in asset-purchase agreements that practitioners will want to pay attention to when purchasing assets in bankruptcy sales.

Good-Faith Deposits

Post date: Wednesday, June 27, 2018

A recent decision from the U.S. Bankruptcy Court for the District of Montana highlights the limits of the term “interests” under § 363(f) of the Bankruptcy Code and the limits of “good faith” under § 363(m). In In re Mountain Divide LLC, Case No. 16-61015-11 (Bankr. D. Mont.

Post date: Tuesday, May 01, 2018

Federal policy weighs heavily in favor of protecting the finality of sale orders in bankruptcy.[1] “It has been held that 11 U.S.C.

Post date: Tuesday, May 01, 2018

On Feb. 21, 2018, the U.S. Bankruptcy Court for the District of Delaware issued its opinion in Stanley Jacobs Prod. Ltd. v. 9472541 Can. Inc. (In re Thane Int'l Inc.).[1] The issue was whether an executory contract that was neither affirmatively assumed nor rejected was assumed and assigned in a § 363 sale transaction.


Fernando J. Menendez, Jr.
Post date: Sunday, February 04, 2018

Orders approving the sale of assets in bankruptcy provide the required authorization for the disposition of estate property outside of the ordinary course of the debtor’s business.

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Thu, 2019-06-20

Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees. FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

Tue, 2017-11-14

This webinar will provide an overview of key provisions in, and frequent disputes regarding, bidding procedure orders and bidding procedures. The webinar will cover both a basic introduction to the topic, as well as a discussion on advanced hot issues and recent trends in this area of law.

Sat, 2017-04-22

This panel hosted by the Asset Sales and Health Care Committees will discuss the Top 10 Issues to Be Aware of When Buying a Health Care Business, and How to Plan for the Inevitable Surprises.

Thu, 2017-03-09

The Asset Sales Committee will host a webinar on the roles of secured, undersecured and unsecured creditors and committees in asset sales and bidding processes involving complex capital structures. The discussion will focus on the challenges and complications that can arise in seeking an expedited sale free and clear of claims and liens and means by which creditors and committees can use the sale process to their advantage.

Fri, 2016-04-15

Labor Issues in 363 Sales: Things You Need to Know

Wed, 2016-03-30

The Unsecured Trade Creditors' Committee's call discussed  “gifting” and other recent developments regarding application of the absolute priority rule.

Thu, 2016-03-10

The Asset Sales Committee hosted a conference call discussing the GM successor liability decision now on appeal in the Second Circuit. John Hutton (Greenberg Traurig LLP; Miami) and Henry Jaffe (Pepper Hamilton LLP; Wilmington) led a conference call discussing the issues raised and being briefed before the Second Circuit in the GM successor liability appeal.

Tue, 2015-09-08

The Asset Sales Committee will host John Hutton and Henry Jaffe as they discuss the GM successor liability decision, now on appeal in the Second Circuit, describing the arguments and positions taken by different parties on key issues in the case and discussing the potential impact of the ruling on appeal.

Fri, 2015-04-17

Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy

Wed, 2014-11-12

The Asset Sales Committee hosted their most recent committee call on Wednesday, November 12. This call was titled "Bankruptcy Reform Commission’s Consideration of a Proposal to Surcharge Secured Lenders for 363 Asset Sales," and worked to more broadly inform and engage bankruptcy and restructuring professionals about the proposal being considered by the Bankruptcy Reform Commission to assess a charge on secured lenders for 363 asset sales in Chapter 11.

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Ms. Janice A. Alwin
Co-Chair
Oak Point Partners
Skokie, IL
(847) 577-1374

Ms. Dawn M. Cica
Co-Chair
Mushkin - Cica - Coppedge
Las Vegas, NV
(702) 491-4377

Mr. James Robert Irving, Esq.
Communications Manager
Bingham Greenebaum Doll LLP
Louisville, KY
(502) 587-3606

Ms. Leyza Florin Blanco
Education Director
Sequor Law
Miami, FL
(305) 372-8282

Ms. Evelyn Meltzer, Esq.
Education Director
Pepper Hamilton LLP
Wilmington, DE
(302) 777-6532

Ms. Randye B. Soref
Membership Relations Director
Polsinelli
Los Angeles, CA
(310) 556-1801

Mrs. Alicia M. Bendana
Newsletter Editor
Lowe, Stein, Hoffman, Allweiss & Hauver LLP
New Orleans, LA
(504) 581-2450

Mr. Matthew J. LoCascio
Special Projects Leader
Equity Partners HG
Easton, MD
(866) 969-1115

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