Asset Sales

This session will review the unique issues involved with early and quick § 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.

Presented by the Health Care & Asset Sales Committees This panel will discuss various issues and challenges accompanying sales of health care assets, including factors to consider in determining whether or not a sale is the best alternative. Such factors include the role of regulatory authorities, political challenges, reimbursement issues, issues related to urban vs. rural facilities, the evolution of the health care business, and best practices in navigating such challenges.

This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/ recharacterization concerns, committee challenges to liens and bidding procedures.

Should § 363 sales occur early in a case? Should the Federal Foreclosure Act be invoked? The panelists will discuss these issues, as well as sales in confirmation; circumstances under which a court may preclude or limit credit bidding under § 363(k); whether to push for dismissal, conversion, or a liquidating trust; mootness and appeals; Rule 9019 settlements combined with sales to make them harder to appeal; whether Fulton will further increase the power of secured creditors; and extraordinary changes in the economy (delay or convert?).

This session will discuss the impact of extraordinary and unforeseen changes in the economy; feasibility in a COVID-19 world; the split between § 1141 analysis and traditional opt-in/opt-out provisions for third-party releases; the best-interest test in connection with third-party releases; the fate of Till and cramdown; valuation issues such as what happens when projections are totally wrong; exclusivity termination; attempts to put assets beyond the reach of lenders; plan voting/§ 1129(a)(10) and artificial impairment; and estimation for voting purposes.

Intellectual Property assets present unique challenges in bankruptcy. Article 9 financing statements may or may not be enforceable, and, in some instances, may actually be to your client’s detriment. Can a debtor assume and assign IP rights? Revoke them by rejecting a license? How is a security interest in intellectual property perfected and enforced? How you define the intellectual property assets can greatly impact your client’s rights, and those rights are constantly changing. This panel will cover practical issues and problems, including how to document and value IP assets, to help you spot the issues and navigate your way out of the bankruptcy riptide, whether you represent a secured lender, debtor, or contract counterparty.

Join ABI's Asset Sales Committee with a panel of experts that will highlight the current challenges facing insolvency professionals working on deals in the COVID-19 world and what to expect in the coming months.

With many legal observers predicting an unprecedented tsunami of commercial bankruptcy filings, many companies will face challenges regarding the best strategies for liquidating their assets. This session will offer a range of options to consider, including § 363 sales, receiverships, Article 9 and other means of selling assets.

With so many tiers of global supply chains and multinational investments being connected to China, financial risk is magnified when there is a widespread interruption, such as the current coronavirus pandemic. Extended disruption of supply chains could lead companies to financial distress and possible bankruptcy. The resulting distress from the disruption could also activate insurance-related claims and litigation, further complicated by interpretations of "force majeure" (unforeseeable circumstances) clauses in insurance policies. A recent Wall Street Journal article detailed how plunging shipping volumes out of China due to shutdowns in the wake of the outbreak have crimped industrial production worldwide. As the coronavirus continues to spread in China and other parts of the world, it is critical for businesses to reassess their connections to global supply chains, evaluate workforce-related issues, and examine risk-minimization and quantization brought about by the pandemic.

This panel will work through real-life scenarios that demonstrate challenges faced by litigants in qualifying valuation witnesses. The panel will also cover strategies and techniques that are crucial to winning the valuation battle. Finally, the panel will discuss the latest developments and trends in valuing assets in bankruptcy.