Section 363 Bankruptcy Sales
Navigating the Sale Process and Negotiating the Asset Purchase Agreement
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide bankruptcy attorneys with a thorough review of the Section 363 sale process and examine the associated risks and opportunities. The panel will outline best practices for counsel to buyers and secured creditors involved in Section 363 sales.
Outline
- Asset sales generally
- Standards for approval under Section 363
- Sale procedures
- Use of professionals
- Due diligence
- Stalking horse bidders
- Auction process
- Sale orders
- Asset purchase agreement
- Lack of standard contractual protections
- Successor liability
- Sale of assets, clear of liens and encumbrances
- Assumption of contracts with anti-assignment provisions
Benefits
The panel will review these and other key questions:
- What risks do buyers and sellers face in 363 sales? What steps can the parties take to minimize those risks?
- What are some of the potential pitfalls in negotiating distressed M&A deals?
- What are the best practices for counsel on both sides of the deal to tailor terms in distressed transactions?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
George M. Cheever
Of Counsel
K&L Gates
Mr. Cheever represents debtors, lenders, trade suppliers, landlords, and other creditors, purchasers of assets of... | Read More
Mr. Cheever represents debtors, lenders, trade suppliers, landlords, and other creditors, purchasers of assets of bankrupt businesses, and creditor and equity security holder committees. He handles preference and avoidance litigation, the purchase and sale of bankruptcy claims, reclamation proceedings, automatic stay litigation, bankruptcy sales, contested plan confirmation hearings, and DIP financing.
CloseKeith Miles Aurzada
Partner
Bryan Cave
His bankruptcy litigation experience includes representation of unsecured creditors' committees, secured creditors and... | Read More
His bankruptcy litigation experience includes representation of unsecured creditors' committees, secured creditors and debtors for banks and non-bank lenders and special servicers of commercial mortgage securitized trusts. He primarily focuses on companies in need of complex financial restructuring which he accomplishes through negotiation, litigation where necessary and the bankruptcy process.
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