Asset Sales Committee

Hosted by the Business Reorganization and Asset Sales Committees. This panel will examine the strategic use of LMEs in the context of asset sales within restructuring frameworks, such as the role of LMEs in facilitating sales, structuring them as conditions to closing, funding LMEs through sale proceeds, or utilizing asset sales as an exit strategy from LMEs or restructuring plans. The panelists will share their insights on the current trends and practical considerations that are shaping these increasingly sophisticated transactions.

What is a DSO, and what does that bankruptcy provision in every Property Settlement Agreement mean, anyway? What debts are dischargeable, and if it is called “support,” is it truly support? Does the stay need to be modified post-petition in a chapter 13, and what do you do when a current chapter 13 client ends up in divorce court? This panel will address these questions and more, including the differences between chapters 7 and 13, and what actions are stayed. 

Hosted by ABI's Asset Sales Committee The recipients of ABI's 2023 Asset Sale of the Year award will discuss the company's threatened suspension by the California Medi-Cal program and the execution of a strategy that initially had led to court orders stopping the suspension, then later culminated in the sale of assets. Hear specifically how Borrego's professionals navigated complex health care, regulatory and bankruptcy issues, which ultimately resulted in a settlement and sale that ensured the continuation of high-quality, culturally competent care to Borrego's patients and a substantial recovery for creditors.

Today’s chapter 11 cases tend to include upfront announcements of the debtor’s preferred exit strategy. We often see the debtor’s first-day announcement of a pre-negotiated plan structure or an already “half-baked” sale process, as well as DIP loan covenants, driving the announced strategy to a quick and assured conclusion. But what if that plan or sale process is not designed (perhaps intentionally so) to accurately reflect the business’s true inherent worth? This panel will explore how a debtor’s ultimate valuation can be determined more by the bankruptcy process than by the underlying business data.

Hosted by the Asset Sales and Financial Advisor Committees This panel, comprised of an attorney, an investment banker and a financial advisor, will discuss how to choose the best way to effectuate a sale, such as § 363, Article 9 or assignments for the benefit of creditors. The panelists will devise three scenarios and debate which method they believe is the best, and why.

"Hosted by the Asset Sales and Bankruptcy Litigation Committees This panel will discuss the most cautionary of tales in the asset sales realm, most notably Neiman Marcus (collusion), and regulatory and ownership issues that arise in asset sales that can lead to litigation.