Bankruptcy Asset Sales: Emerging Legal Strategies
Best Practices for Debtors and Creditors in Section 363, 1123 and 1129 Sales
Recording of a 90-minute CLE webinar with Q&A
This CLE course will review and analyze trends and recent legal developments affecting asset sales for bankruptcy attorneys. The panel will offer practitioners guidance on leveraging these emerging strategies in future asset sales.
Outline
- Trends affecting asset sales
- Difficulty obtaining DIP/exit financing
- Prepackaged bankruptcy filings
- Out-of-court restructuring
- Legal developments in asset sales
- Section 363 sales post Chrysler and GM
- Sub rosa plan challenges
- Credit bidding pre-petition loans
- Free and clear issues
- Objections of lenders in syndicated group
- Sales to insiders and equity holders (loan-to-own)
- Stalking horse bids (Reliant Energy Channelview)
- Credit bidding (Philadelphia Newspapers)
- Section 363 sales post Chrysler and GM
Benefits
The panel will review these and other key questions:
- What are the bankruptcy trends currently affecting asset sales and what is emerging for 2010?
- How can bankruptcy attorneys in smaller and medium-sized bankruptcy cases use the legal arguments applied in the Chrysler and GM cases?
- What is the anticipated impact of the recent federal court ruling in Philadelphia Newspapers for secured lenders?
Faculty
Douglas S. Mintz
Special Counsel
Cadwalader Wickersham & Taft
He has experience in all aspects of bankruptcy and restructuring, representing secured lenders, debtors and official... | Read More
He has experience in all aspects of bankruptcy and restructuring, representing secured lenders, debtors and official and ad hoc creditors' committees. He played key roles in notable asset sales including the General Motors and Chrysler bankruptcies, DESA Holdings, and Piccadilly. He has extensive experience representing debtors in the Lyondell, Mirant and Pacific Gas & Electric chapter 11 cases.
CloseFelicia Gerber Perlman
Partner
Skadden Arps
She represents clients in a variety of complex business reorganizations, debt restructurings and insolvency matters.... | Read More
She represents clients in a variety of complex business reorganizations, debt restructurings and insolvency matters. She has advised debtors, creditors, lenders, investors, sellers, purchasers and other parties-in-interest in all stages of restructuring transactions from Chapter 11 reorganizations to out-of-court negotiations, workouts and acquisitions.
CloseTrey A. Monsour
Partner
Haynes and Boone
He regularly represents nationally recognized banking institutions, large investment funds, Fortune 100 companies, and... | Read More
He regularly represents nationally recognized banking institutions, large investment funds, Fortune 100 companies, and has been extensively involved as a lead attorney in representing debtors, lenders, investment funds, purchasers, large unsecured creditors and official and ex officio committees in pre-bankruptcy filing workouts and highly recognized bankruptcy cases nationwide and in Texas.
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