Asset Sales

Challenges Facing Secured Creditors in Asset Sales

This panel will focus on covering lenders’ perspectives on chapter 11 strategy and options, such as note sales, out-of-court restructurings or formal bankruptcy sales, and will discuss lenders’ and borrowers’ perspectives on regulatory challenges and procedural issues, such as anti-trust and environmental concerns, that are sometimes raised during a bankruptcy case, as well as issues with § 363 sales, DIP milestones and restructuring support agreements.

$125.00
$125.00

The Monetization of Intellectual Property in Bankruptcy and Restructuring

This panel will discuss why the monetization of intellectual property (IP) has become a key strategic tool in restructuring, bankruptcy and acquisitions, and how the importance of monetization has evolved over decades. The panelists include experts in innovation, the role IP plays in bankruptcy and restructuring, how cross-border situations impact the monetization of IP, post-acquisition integration of the IP “footprint,” and other key topics of interest.

$125.00
$125.00

Section 363 Sales: Good Practices, and Pitfalls to Avoid

The panelists will cover issues common to § 363 sale processes that can help or harm debtors, creditors, bidders and other parties in interest, including notice, whether covenants really run with the land (§ 363(f)), selling overencumbered property, structured dismissals after Jevic, and venue considerations and recent developments.

$125.00
$125.00

“Can Someone Please Tell Me What to Do?” How Best to Sell Your Assets

Hosted by the Asset Sales and Financial Advisor Committees
This panel, comprised of an attorney, an investment banker and a financial advisor, will discuss how to choose the best way to effectuate a sale, such as § 363, Article 9 or assignments for the benefit of creditors. The panelists will devise three scenarios and debate which method they believe is the best, and why.

$125.00
$125.00

NCBJ Micro Topic Salon 8: Anatomy of Section 523 Actions

This program would focus on what each section of 523 is really meant to address. Unfortunately, these complaints, more often than not, tend to recite a story and then the plaintiff tries to establish a cause of action under each provision of 523 to see what will stick, rather than pleading just the correct and applicable section(s).

$125.00
$125.00

Cautionary Tales in Asset Sales

"Hosted by the Asset Sales and Bankruptcy Litigation Committees
This panel will discuss the most cautionary of tales in the asset sales realm, most notably Neiman Marcus (collusion), and regulatory and ownership issues that arise in asset sales that can lead to litigation.

$125.00
$125.00

Where Federal Statutes Collide: What § 363 Does Not Clear Out

Three cases in the last year have demonstrated that § 363 does not fix everything. In Dean Foods, § 363 did not protect the purchaser from the Sherman Antitrust Act; the purchaser was forced to divest itself of purchased assets in a U.S. DOJ antitrust action. In GNC, CFIUS interposed (unsuccessfully) to try to prevent the sale of assets to a Chinese company owned by the PRC government. Finally, in Exide, CERCLA rendered four contaminated properties unsalable, resulting in abandonment (arguably in contravention of the SCOTUS Midlantic decision, appeal pending).

$125.00
$125.00

Confirmation: The Rest of the Story

The panelists will continue the conversation on confirmation by examining judicial vs. market valuation, valuation in light of Speedcast Int’l., equitable mootness, exclusivity termination, and the latest developments in § 363 sales.

$125.00
$125.00

Business Bankruptcy Legal Update

This panel will discuss the impact of the Consolidated Appropriations Act of 2021 on bankruptcy cases, the latest automatic stay cases, employment of professionals and fee applications, and § 363 sales in the Zoom era.

$125.00
$125.00

§ 363 Sale Issues

Are there limits to “free and clear” (GM)? This panel will discuss sales free and clear of leasehold interests, restrictive covenants and override royalties; conflicts between §§ 365 and 363(f) (lease- or license-stripping); assets free and clear of successorship in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); loan-to-own strategies; and the treatment of breakup fees (C&K Market, EFH).

$125.00
$125.00
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