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Section 363 Reorganizations Creditors

Goodwin

Stalking Horse Bidders: What Bid Protections Can You Expect in a Section 363 Sale?

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Conducting an asset sale through a bankruptcy auction — a Section 363 sale — is an effective and common M&A tool for a distressed company. In anticipation of a 363 sale, a Chapter 11 debtor typically tries before its...more

Eversheds Sutherland (US) LLP

District Court affirms Bankruptcy Court’s denial of $21 million substantial contribution claim

On January 13, 2025, the United States District Court for the District of Delaware affirmed the decision by the Delaware Bankruptcy Court, holding that an unofficial committee representing tens of thousands of sexual abuse...more

Lowenstein Sandler LLP

Finding Good Real Estate Deals Among The Ruins

Lowenstein Sandler LLP on

As we enter year two of the COVID-19 pandemic, the number of new Chapter 11 cases being commenced has slowed to a trickle. But the cycle will turn again. There are always companies that lose a major customer, fail to adapt to...more

Jones Day

Assets May Be Sold in Bankruptcy Free and Clear of Successor Liability

Jones Day on

The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to sell assets of the bankruptcy estate "free and clear" of "any interest" in the property asserted by a non-debtor is an important tool designed...more

Lowenstein Sandler LLP

COVID-19 and Quick 363 Bankruptcy Sales (Rosen)

Lowenstein Sandler LLP on

The Federal bank regulators which supervise banks have made a statement encouraging workouts necessitated by the coronavirus. Loans which would otherwise be classified as TDRs (Troubled Loan Restructurings) will not have to...more

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