Asset Sales

The first two parts of this three-part webinar series focused on key topics associated with sales that take place in chapter 11 bankruptcies, and addressed executory contract rejection, the role of customers in chapter 11 bankruptcy proceedings, and change of control via a § 363 sale vs. a plan of reorganization. In this third and last session, the panelists will explore the complexities of sales in chapter 11 bankruptcy with a focus on two common methods of selling a business: plans of reorganization and § 363 sales. The panelists will explore the pros and cons of each method from the perspectives of customers, creditors and debtors, and will provide insights into when each should be utilized. Our experts will compare plans of reorganization to § 363 sales, outlining key differences, timelines, the parties involved and the level of court involvement, and will provide guidance on when to choose a plan versus a § 363 sale and the potential impact of each. Attendees will better understand the options available for selling in a chapter 11 bankruptcy, and the factors to consider when choosing between a plan of reorganization and a § 363 sale. Join us to gain insights into the complexities of chapter 11 sales and how to navigate them successfully.

This session will cover recent approaches to sales, recent trends in sale cases, the roles of the various constituents in sale cases, biopharmaceutical sales, lease issues and much more.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!

For nearly 100 years, we have not experienced a shock to the economy where large numbers of industries exhibited disastrous declines in revenues resulting from a pandemic. Frankly, none of us were equipped with readily available valuation frameworks to handle such shocking changes in cash-flow projections, discount rates, the ‘appropriate’ use of comparable companies and the relevant transactions to be used in the M&A comparable method. This panel discussion will present the main valuation parameters that have been affected by the COVID-19 pandemic and the associated legal and experts’ battles, mostly during and post-pandemic.

This panel will discuss situations in which valuation is particularly challenging based on the type of asset, the absence of market or comparable valuation data, limitations on available information for the valuation, and other constraints. We will cover the valuation of intellectual property assets, financial assets (including royalties and other revenue streams), digital and electronic assets (including virtual currency, software code, social media assets and platforms), and privately held equity interests, among other asset categories in different sectors, such as emerging restructuring sectors like life sciences. We will also discuss valuation contexts (transaction diligence and structuring, financing and M&A transaction consummation, and distressed situations and insolvency proceedings), focusing on both the practical challenges and evidentiary support for valuation determinations in those contexts. We also will provide examples of situations in which challenging valuations have served as keystones to transactional successes.

Set in the game show format of “Jeopardy,” this interactive ethics session will test the knowledge of the audience, provide valuable ethics information, and encourage networking among the participants. The panelists will cover ethical and evidentiary issues that have arisen in bankruptcy cases within the Tenth Circuit and elsewhere.

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

Domestic asset-protection trusts are now available in 20 states. This panel will introduce the concept of domestic asset-protection trusts and discuss their treatment in and out of bankruptcy.

The panel will discuss the difficulties of enforcing U.S. judgments against foreign assets, the basics of international asset-protection, and U.S. taxpayer traps for the unwary.

How has Fulton changed practice related to the extent and impact of the automatic stay? The Supreme Court may have made debtors’ recovery of repossessed vehicles less "Fast and Furious," but does the "Repo Man" now have all of the leverage? Fasten your seatbelts for a discussion of Fulton’s potential impact on debtors, creditors, and all types of proceedings and collateral — cars and beyond.