Asset Sales Committee

Committees

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

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.

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

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.

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

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

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

Mr. Matthew J. LoCascio
Co-Chair
SC&H Capital
Ellicott City, MD
(443) 951-4846

Mr. Steven L. Victor
Communications Manager
Development Specialists, Inc.
Chicago, IL
(312) 263-4141

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

Mr. Christopher M. Candon
Membership Relations Director
Sheehan Phinney
Manchester, NH
(603) 627-8168

Ms. Jane Kim
Newsletter Editor
Keller Benvenutti Kim LLP
San Francisco, CA
(415) 364-6793

Mr. William Hao
Special Projects Leader
Alston & Bird LLP
New York, NY
(212) 210-9417

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