Asset Sales Committee

Committees

Post date: Thursday, September 07, 2017

After a bankruptcy case closed, a third party (CVC) sued the purchaser (ADM) of property acquired from the debtors in a bankruptcy sale. CVC claimed that it had a right of first refusal (ROFR) with respect to the property. In response, ADM contended that the ROFR did not survive the “free and clear” bankruptcy sale.

Post date: Thursday, September 07, 2017

What happens when property of the estate that a trustee or debtor-in-possession proposes to sell “free and clear” is subject to unexpired lease interests? The resolution of this question requires the reconciliation of two separate provisions of the Bankruptcy Code that most often operate independently and in isolation. The first provision, 11 U.S.C.

Post date: Tuesday, July 11, 2017

Buyers of distressed companies typically prefer to conduct their acquisitions through bankruptcy. Various provisions of the Bankruptcy Code and Rules allow a buyer to acquire assets free and clear of a wide array of liabilities.

Post date: Tuesday, July 11, 2017

Bidding procedures establish a road map for the sale of a debtor’s assets in bankruptcy. This article examines certain key provisions a potential bidder on such assets will want included as part of the bidding procedures.

Post date: Thursday, December 08, 2016

During 2016, the Asset Sales Committee leadership has strived to provide committee members with access to helpful content and the opportunity to engage in discussions on relevant issues.

Conference Programs:

Post date: Wednesday, September 07, 2016

Bankruptcy Code § 363(e) requires that when property is sold free and clear of an interest in property, the court shall prohibit or condition such sale as is necessary to provide adequate protection of such interest.

Post date: Wednesday, September 07, 2016
Photo of Mark I. Duedall
Mark I. Duedall

In our current bankruptcy regime, sales under § 363 of the Bankruptcy Code are by far the norm, followed by conversion or dismissal, and sometimes, instead, a liquidating plan. Liquidating plans can be a favorable way to wrap up a bankruptcy case, freeing the debtor from many of the filing, procedural and disclosure burdens of the Bankruptcy Code and simplifying the wind-down process.

Post date: Thursday, June 16, 2016

[1]Chapter 11 has largely become the sale chapter of the Bankruptcy Code. If the case is not a quick sale case, then it probably is a debt-for-equity swap.

Post date: Tuesday, May 17, 2016
Photo of Michael Mikikian
Michael Mikikian

The current process for administering chapter 7 cases was established at a time when paper documents had to be hand-delivered to the courts for processing. It was an era of “runners.”

Post date: Thursday, April 28, 2016

In June 2015, Bankruptcy Judge John T. Gregg ruled in In re Family Christian[1] that all administrative priority claims, including those arising under § 503(b)(9), must be paid as part of the price of a § 363 sale of the debtor’s assets.

Factual Background

Pages

Mrs. Alicia M. Bendana
Co-Chair
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, LC
New Orleans, LA
(504) 568-1990

Ms. Leyza Florin Blanco
Co-Chair
Sequor Law
Miami, FL
(305) 372-8282

Ms. Randye B. Soref
Communications Manager
Polsinelli
Los Angeles, CA
(310) 556-1801

Mr. Matthew J. LoCascio
Education Director
SC&H Capital
Ellicott City, MD
(443) 951-4846

Mr. Christopher M. Candon
Membership Relations Director
Sheehan, Phinney, Bass + Green
Manchester, NH
(603) 627-8168

Mr. James Robert Irving, Esq.
Newsletter Editor
Dentons
Louisville, KY
(502) 587-3606

Ms. Jane Kim
Special Projects Leader
Keller Benvenutti Kim LLP
San Francisco, CA
(415) 364-6793

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