Distressed M&A Investing: Exercising Acquisition Opportunities In and Out of Chapter 11 Bankruptcy
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide guidance on how best to acquire a distressed company from various points of entry, whether that consists of buying existing or newly issued stock, merging with the target, buying assets, or buying existing debt in the hope that it converts into ownership.
Outline
- Critical considerations in acquiring distressed assets outside of bankruptcy
- What is being acquired: company, particular assets?
- Ability to obtain the agreement of existing creditors and shareholders
- Feasibility of pre-packaged bankruptcy
- Acquisitions post-bankruptcy
- 363 sales
- Acquisition under Chapter 11 reorganization plan
Benefits
The panel will review these and other key issues:
- What are the advantages and disadvantages of trying to acquire distressed assets or companies before a bankruptcy filing?
- What are the key provisions to include in a pre-packaged reorganization plan?
- When might a Section 363 sale be an appropriate method for acquiring assets out of a bankruptcy? What are the pitfalls for the acquiror?
- How is an acquisition structured and approved in a Chapter 11 setting?
Faculty

Michael S. Benn
Partner
Wachtell Lipton Rosen & Katz
Mr. Benn represents borrowers with respect to all types of financing for mergers and acquisitions, spin-offs and other... | Read More
Mr. Benn represents borrowers with respect to all types of financing for mergers and acquisitions, spin-offs and other significant transactions across a wide variety of industries.
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Leo T. Crowley
Partner
Pillsbury Winthrop Shaw Pittman
Mr. Crowley, leader of the firm’s Insolvency & Restructuring practice, is known as an accomplished counselor... | Read More
Mr. Crowley, leader of the firm’s Insolvency & Restructuring practice, is known as an accomplished counselor and advocate in high-profile engagements in insolvency, commercial litigation and health care.
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Ted Powers
Special Counsel
Pillsbury Winthrop Shaw Pittman
Mr. Powers has a broad practice that covers private equity and venture capital transactions, mergers and acquisitions... | Read More
Mr. Powers has a broad practice that covers private equity and venture capital transactions, mergers and acquisitions transactions, equity investments, and joint ventures involving public and private companies and private equity and venture capital funds globally.
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