Purchase of a Debtors Assets in Bankruptcy: 363 Sales Process for New and Non-Bankruptcy Attorneys

Presenters: Danielle Barav-Johnson and Paul M. Rosenblatt

The purchase of a debtor’s assets in bankruptcy under section 363 of the Bankruptcy Code offers many advantages to prospective buyers and sellers alike, including the ability to purchase assets free and clear of liabilities, cherry pick contracts to assume and reject, and sell a business over the objections of creditors. But such “363 sales” also present certain challenges and drawbacks. Learn about the pros and cons of serving as a stalking horse bidder. Understand the hoops that debtors and sellers must jump through to close the sale. This presentation will provide an introductory overview of the 363 sale process, including the key players and their roles, the steps that debtors and bidders must complete, and other considerations for implementing a successful sale.

Key topics to be discussed:

• The advantages and disadvantages of a section 363 sale
• The key considerations when participating in a section 363 sale
• Typical procedures and timing of a section 363 sale
• Disputes over who submitted the highest and/or best bid

To register for this 1-hour CLE on-demand webinar, click here.