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Acquiring the Assets of a Distressed Company: A Buyer’s Guide to Selecting the Best Sale Process
Potential buyers often have significant leverage over distressed sellers of assets and are able to influence or dictate the nature of the sale process. This panel will examine the considerations that a potential buyer of a distressed company should make when it has the opportunity to choose the appropriate process and venue for pursuing such acquisition. We will outline the pros and cons of Article 9 sales (both public and private), receivership sales, § 363 sales and “loan to own” strategies, including with respect to issues related to successor liability, funding considerations, operational concerns, timing, legal risk and deal certainty.
After the § 363 Sale: And Now for the Rest of the Story
The panel will discuss and contrast (and will invite the workshop attendees to discuss) the various options for ending chapter 11 cases after the debtor’s assets have been sold, including plans of liquidation, liquidation and litigation trusts, dismissals, structured dismissals and conversion. Issues will include things to consider when planning for the debtor’s wind-down staffing and budget. The panel will also discuss the rest of the story from the perspective of the § 363 purchaser, focusing on recent developments in successor liability.
Asset-Protection Trusts in Bankruptcy: Creation, Litigation, and Practical Guides to Both
As more states are adopting asset-protection trust statutes, more issues have been arising in bankruptcy when these trusts take center stage in a fraudulent transfer, substantial-abuse, alter-ego or objection-to-discharge battle. This panel will provide insight into the creation of asset-protection trusts, issues that arise when these trusts are challenged in bankruptcy, and practical tips for both creating asset-protection trusts that can withstand bankruptcy challenges and litigating these trusts in bankruptcy.
Consumer Update 2014
There are many changes occurring in consumer bankruptcy law. Find out the latest developments in your neighborhood and around the country.
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