Asset Sales

NO CLE - Great Debates!

Resolved: The absolute priority rule should be eliminated in multi-debtor cases.
Speakers:
Pro: Hon. James M. Peck (ret.)
Morrison & Foerster LLP; New York
Con:Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington

Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate.
Speakers:
Pro: Carren B. Shulman
Sheppard, Mullin, Richter & Hampton LLP; New York

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NO CLE - Committee Educational Session: The Future of Asset Sales: To Surcharge or Not to Surcharge

Asset Sales/Secured Credit Committees: This panel will debate the controversial proposal being considered by the ABI Commission to Study the Reform of Chapter 11 to assess a charge or hold-back on secured lenders for a § 363 asset sale, including the pros and cons, mechanics, application in various circumstances, consequences and policy issues.

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Media: Audio
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NO CLE - Committee Educational Session: Ethical Implications in SARE Cases

Ethics & Professional Compensation/Real Estate Committees: This panel will explore various ethical issues that often arise in a single asset real estate bankruptcy case from the perspectives of the debtor, secured creditor and bankruptcy judge — via an entertaining and interactive fictional case study.

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NO CLE - Is Selling the New Reorganizing?

This nuts-and-bolts panel will cover the mechanics of § 363 sales, featuring discussions on pros and cons, current trends and recent cases, with a particular focus on credit-bidding (Fisker, Philly News and Free Lance-Star) and challenges to free-and-clear-sales (GM, Chrysler, Energytec).

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NO CLE - Sales Panel: New Risks for Credit Bidding

Do new opnions suggest doubt about the right of a lender to bid the full value of claims in Chapter 11?

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Media: Video
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NO CLE - Asset Sale Alternatives in the Health Care Space: § 363 and Beyond

Selling financially distressed hospitals, nursing homes, senior living centers and other health care providers, including acute care hospitals, critical-access hospitals and continuing care retirement centers, presents many unique challenges not found in most “typical” bankruptcy cases. Identifying these important differences, and executing plans to deal with them, can make the difference between preserving the enterprise and being forced to liquidate. Legal, financial, political and regulatory traps abound.

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NO CLE - 363 Sales and Successor Liability

Section 363 sales are frequently invoked in an effort to render the debt side of a balance sheet irrelevant. Buyers and sellers generally spend much of their time negotiating pre-sale issues, such as bidding procedures, “break-up fees” and other bidding protections, perhaps relying on the “free and clear” language of § 363(f) to absolve the buyer of any liabilities associated with the assets. Buyers at § 363 sales typically assume that they take the assets free and clear of all liens and claims.

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NO CLE - Structured Bankruptcies in Chapter 11, Sales of Assets Free and Clear of Liens and Encumbrances, § 363(b) and (f) Sales

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NO CLE - Selected Topics in Chapter 11

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NO CLE - Business Update 2014

Find out the latest happenings in all of the Southern Districts. What can impact your practice? What should?

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