Representing Asset Purchasers in Bankruptcy

Representing an asset purchaser in a bankruptcy proceeding presents unique benefits and challenges for a professional business advisor. 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. As such, professionals advising these companies must understand and be able to counsel their clients regarding various matters, such as the benefits and drawbacks of serving as a “stalking horse,” asset purchaser; drafting and negotiating the terms of an asset purchase agreement and sale order with the bankrupt debtor and other parties involved in the bankruptcy proceedings; strategies for acquiring assets at auction or by alternative means; and seeking bankruptcy court approval of a proposed transaction. For 2022, professionals must also understand the impact that the economic programs enacted under the CARES Act may have on purchasing such assets. This webinar focuses on understanding these concepts and addressing best practices for advanced reorganization practitioners and advisors.

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Webinar Faculty

Moderator:

Mark Melickian

Mark Melickian leads Sugar Felsenthal Grais & Helsinger LLP’s restructuring practice. Over the past 20 plus years, he has worked primarily on business transactional and litigation matters with a focus on… Read More

Panelists:

Jeffrey Schwartz

Chair of the Creditors' Rights, Insolvency & Business Bankruptcy group, Jeff represents secured and unsecured creditors in out-of-court restructurings and business reorganizations under Chapter 11 of the Bankruptcy Code. He… Read More

Matthew Christensen

Matt Christensen joined Johnson May in 2008 as an associate attorney. Now the managing partner of the firm, Matt has a civil litigation practice involving commercial law (finance and secured… Read More

Robert Richards

Bob Richards is chair of Dentons' Global Restructuring, Insolvency and Bankruptcy practice groups and practices in the areas of bankruptcy and insolvency-related transactions and litigation. His practice includes Chapter 11… Read More