News & Analysis as of

Debtors Sellers

Mayer Brown

Section 363 Sales Considerations

Mayer Brown on

Distressed entities seeking to sell assets often encounter commercial and legal challenges related to existing claims or resistant constituents. One possible solution to those challenges is to sell assets in bankruptcy...more

Troutman Pepper Locke

I Just Learned My Customer Filed for Bankruptcy – Can I Stop the Shipment of Goods? - Creditor’s Rights Toolkit

Troutman Pepper Locke on

While post-petition shipments, and goods delivered to a debtor within 20 days before bankruptcy, will both enjoy administrative expense treatment, they leave the creditor exposed to the risk of administrative insolvency until...more

Sullivan & Worcester

Transferring Risk in Trade Assets

Sullivan & Worcester on

The original Bankers Association of Finance and Trade Master Participation Agreement (“BAFT MPA”) was launched in 2008 to enable market participants (with its focus on banking groups) to more easily enter into risk transfer...more

Patterson Belknap Webb & Tyler LLP

Let the Seller Beware? Debtor’s Attempt to Monetize its Own Default May Impact Sellers of Credit Default Swaps

The Sears bankruptcy case made headlines this month in the complex world of credit default swaps (CDS). A credit default swap is a contract pursuant to which the seller receives payment from a buyer in exchange for which the...more

Orrick, Herrington & Sutcliffe LLP

Diligence Deferred Is A Transfer Denied

The Delaware Bankruptcy Court recently voided the transfer of bankruptcy claims where the seller failed to obtain the debtor’s prior written consent, as required by the underlying promissory notes. Both the promissory...more

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