New ABI Publication Provides In-Depth Analysis of Asset Sales under 363 of the Bankruptcy Code

New ABI Publication Provides In-Depth Analysis of Asset Sales under 363 of the Bankruptcy Code

Contact: John Hartgen
               (703) 739-0800
               [email protected]



May 11, 2009 Alexandria, Va. — The American Bankruptcy Institute’s latest book, A Comparison Shopping Guide for 363 Sales, provides practitioners with an in-depth review and analysis of asset sales approved pursuant to §363 of the Bankruptcy Code. Written by Kelly K. Frazier of Steptoe & Johnson LLP (Los Angeles), the Guide analyzes more than 25 key provisions in purchase agreements approved in bankruptcy cases, including break-up fees, expense reimbursement, record retention and transition services. The book also provides an overview of a debtor's restructuring options and discusses the bankruptcy sale process, including the steps to a successful sale, the ability to sell assets free and clear of liens and other interests, the assumption and assignment of executory contracts as part of the sale, the availability of an exemption from certain taxes, and other key issues to consider when deciding whether to buy assets or equity interests through a §363 sale.

Members of the press interested in interviewing the author should contact John Hartgen at 703-894-5935 or [email protected]. The 284-page softbound Guide includes a CD-Rom of Appendices and Exhibits, and is available for pre-order ($50 ABI members; $75 non-members) at ABI's Online Bookstore. Click here to order.


ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 12,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit For additional conference information, visit