Asset Sales

But I Thought We Were Safe: Are Priority Claims and Legacy Employee Liabilities at Risk in a 363 Sale?

Business

This panel will discuss the obstacles that debtors and creditors face when attempting to effectuate a sale of a debtor’s assets through a fast-track § 363 sale motion at the outset of a case. The discussion will include (a) the advantages and disadvantages, from both the debtor and creditor perspective, of selling a debtor’s assets through a motion as opposed to a plan, (b) limitations of “free and clear” relief, (c) valuation and marketing on a short timeframe, and (d) insider transactions.

This panel will focus on the twists, turns and strategic, tactical and litigation considerations that arise in 363 sales of substantially all of a chapter 11 debtor’s business assets, including the special challenges posed by the sale of a professional services firm.

This panel will discuss recent trends and views on various issues that arise in an out-of-court workout, as well as various strategies that can be employed in a bankruptcy case—all from the lender’s perspective. The panel will also explore the latest developments in DIP financing.

This panel will discuss recent Supreme Court cases.

IP experts will shed light on the mysteries of understanding IP law and navigating the often puzzling sales processes, drawing from their experiences in Nortel, Kodak and other important cases.

Discussion on the chapter 7 trustees’ powers to do a carve-out, the new use of short sales in chapter 7, and the most effective way to sell assets in today’s economic environment. Does the creditor have a say in the trustee’s course of action?

Find out the latest happenings in all the Southern Districts. What can impact your practice? What should?

This panel is designed to give practical advice, including checklists, to attorneys, lenders and other insolvency professionals dealing with a pre-petition receivership action in state or federal court, as well as the appointment of a chief restructuring officer (CRO) in a chapter 11 case, with an emphasis on hotels and multi-family/multi-use developments.