The sale of all or substantially all of the assets of a business pursuant to §363 (363 sale) of the Code in a chapter 11 case has become more commonplace in recent years as acquirors seek to purchase target businesses in an accelerated manner while shedding many of those businesses’ liabilities.
Asset Sales Committee
Committees
Intangible assets have been among the last class of assets to garner respect in bankruptcy proceedings. Until recently, trademarks, patents and know-how have withered on the vine as bankruptcy professionals (financial advisors, restructuring professionals and attorneys) have focused on other areas to maximize value and achieve a timely outcome.
Part I of this four-part series discussed, in general terms, the prohibition of collusion in bankruptcy sales under section 363(n) of the Bankruptcy Code. Part II discussed the fine line separating permissible collaboration from impermissible collusion.
The sale of all or substantially all of the assets of a business pursuant to §363 (363 sale) of the Code in a chapter 11 case has become more commonplace in recent years as acquirors seek to purchase target businesses in an accelerated manner while shedding many of those businesses’ liabilities.
"When a debtor files for bankruptcy, it is often because numerous creditors are asserting competing interests in whatever assets the debtor may have. A debtor may have pledged its inventory and manufacturing equipment as collateral for an operating loan from the bank. The same manufacturing equipment may be encumbered by a purchase money security interest from the equipment vendor.
ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions. These new positions are a result of your feedback regarding opportunities for involvement and advancement in the association. The first position is that of the Education Director, who will assist the chairs in coordi
In this turbulent economy, many companies with valuable intellectual property assets may soon be seeking bankruptcy protection.
Please note that this article was created in cooperation with the Commercial Fraud Task Force committee.
Please note that this article was created in cooperation with the Commercial Fraud Task Force committee.
Historically, a credit bid in a chapter 11 asset sale pursuant to 11 U.S.C.
Co-Chair
Sequor Law
Miami, FL
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Co-Chair
SC&H Capital
Ellicott City, MD
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Development Specialists, Inc.
Chicago, IL
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Polsinelli
Los Angeles, CA
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Sheehan Phinney
Manchester, NH
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Keller Benvenutti Kim LLP
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Alston & Bird LLP
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