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Due Diligence › Bankruptcy Code › Commercial Bankruptcy

Ice Miller

Puff, Puff, Pass the Assets: Purchasing Distressed Assets in the Cannabis Sphere

Ice Miller on

Following years of explosive growth and regulatory change, the cannabis industry is at a turning point. Initial enthusiasm has fallen to harsh realities, and many cannabis businesses must address mounting financial pressure,...more

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

5 Issues to Consider When Liquidating Through an ABC

Troutman Pepper Locke on

Assignments for the benefit of creditors, or ABCs, continue to grow in popularity as a tool for the orderly wind-down of companies. Originally published in Law360 - March 21, 2024....more

Jones Day

Delaware Bankruptcy Court Rules that Due Diligence Is Element of Preference Claim Rather Than Basis for Affirmative Defense

Jones Day on

A bankruptcy trustee's ability to avoid and recover pre-bankruptcy preferential transfers is essential to preserving or augmenting the estate for the benefit of all stakeholders. In 2019, however, the Bankruptcy Code was...more

Mintz - Bankruptcy & Restructuring Viewpoints

363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers

Mintz - Bankruptcy & Restructuring Viewpoints on

Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a “363 Sale”). We are back with our second...more

Mintz - Bankruptcy & Restructuring Viewpoints

363 Sales as a Health Care M&A Tool, Part 1 – Overview

Mintz - Bankruptcy & Restructuring Viewpoints on

This two-part blog series discusses why buyers looking to make strategic purchases in the health care industry might want to take advantage of the Bankruptcy Code Section 363 sale process (363 Sale) and the pros and cons of...more

Harris Beach Murtha PLLC

Revisions to Bankruptcy Code Spell Good News for Creditors

Harris Beach Murtha PLLC on

It is bad enough when a customer or borrower files for bankruptcy and you have to write off the debt, but things can get worse when you are then faced with a lawsuit to recover payments made within the 90 days prior to the...more

Tucker Arensberg, P.C.

Three New Bankruptcy Amendments Become Law

Tucker Arensberg, P.C. on

On August 23, 2019, the President of the United States of America signed three new bankruptcy amendments into law.  The first bill, H.R. 3311, ratifies The Small Business Reorganization Act of 2019, creating a new option for...more

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