- This event has passed.
On Demand Premiere Advanced Bankruptcy Transactions / Purchasing Assets in Bankruptcy
Buying assets out of a bankruptcy proceeding presents unique benefits and challenges for the buyer and raises complex legal issues for counsel advising purchasers in Chapter 11 cases. Companies considering acquiring assets out of bankruptcy must understand more than the simple concept of acquiring the target assets “free and clear,” under the Bankruptcy Code (11 U.S.C. §363(f)), including the statutory limitations of such relief and competing creditor interests. As such, attorneys advising these clients must analyze and counsel on advanced issues arising under the Bankruptcy Code, including the legal implications of serving as a “stalking horse” bidder; negotiation of bid protections; drafting and negotiating asset purchase agreements, bidding procedures, and sale orders; participation in auction processes governed by court-approved procedures; and obtaining bankruptcy court approval in compliance with statutory requirements (including 11 U.S.C. §§ 363 and 365) and the Federal Rules of Bankruptcy Procedure. This advanced-level program focuses on the application of bankruptcy statutes, procedural rules, and leading case law (including standards articulated in cases such as In re Lionel Corp.) to contested §363 sale transactions, with emphasis on litigation risk, evidentiary standards, and strategic decision-making by counsel in high-stakes reorganization matters.