As with many bankruptcy strategies, § 363 sales do not always proceed as smooth as initially planned. Your stalking horse may be outbid by a higher OR better offer, insider sales can be challenged and denied by the court, and sensitive information or IP rights might not be easily transferrable. This panel will discuss how creative bankruptcy strategies resulted in overcoming substantial challenges and ultimately led to successful outcomes in such cases as 23andMe, Genesis Healthcare, The Nicklaus Companies and Hawthorne Race Course.
Learning Objectives
- Attendees will analyze common challenges that arise in Section 363 bankruptcy sales, including bidding disputes, insider transactions, and court scrutiny of sale processes.
- Attendees will evaluate how courts address issues involving stalking horse bids, competing higher or better offers, and objections to proposed sales.
- Attendees will assess how creative deal structures and strategic problem-solving can overcome obstacles involving intellectual property, sensitive information, and complex asset transfers in bankruptcy cases.