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Asset Sales Committee


Post date: Wednesday, November 27, 2019

As the pace and timeframe with which chapter 11 cases are filed, administered and closed becomes condensed, so too do the issues that may arise with accelerated asset sales under § 363 of the Bankruptcy Code.

Post date: Wednesday, November 27, 2019

If the ruling on the field stands, consumer credit contracts are ineligible for sale free and clear of consumer claims and defenses through a chapter 11 plan. Hon. James L. Garrity, Jr.

Post date: Thursday, August 22, 2019

The ABI Asset Sale Committee awarded the inaugural Asset Sale of the Year Award to the asset sale in the Cobalt Energy case.[1] Cobalt International Energy Inc.

Lindsi M. Weber
Post date: Thursday, August 22, 2019

All too often, attorneys misunderstand (or worse, disregard) the importance of local rules in numerous contexts —particularly in the area of asset sales. Rather than they be merely an afterthought, practitioners should be encouraged to make the local rules a jumping-off point when seeking to conduct a sale through § 363 of the Bankruptcy Code.

Bruno de Camargo
Post date: Monday, June 24, 2019

Asset sales under § 363 of the U.S. Bankruptcy Code[1] have become a critical component of the bankruptcy practitioner’s arsenal, and a preferred avenue of monetizing a debtor’s assets. The process is generally straightforward, and the Bankruptcy Code provides the framework of how sales should proceed. U.S.

Post date: Monday, June 24, 2019

Section 363 allows a debtor to sell its assets free and clear of interests in such property. If a creditor has a significant claim on a debtor’s assets, a § 363 sale may allow a debtor to sell its assets at a higher price than it could outside of bankruptcy. When debtors attempted a § 363 sale of their assets in In re K & D Industrial Services, the U.S.

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

Adequate protection is one of the central protections provided to secured creditors by the Bankruptcy Code, and it is designed to protect against any diminution of the value of the secured creditor’s lien during the course of a debtor’s bankruptcy proceedings.


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.


Ms. Dawn M. Cica, Esq.
Carlyon Cica Chtd.
Las Vegas, NV
(702) 491-4377

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

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. Randye B. Soref
Membership Relations Director
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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