Asset Sales

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.

Free Session

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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).

Free Session

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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?

Free Session

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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.

Free Session

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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.

Free Session

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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

Free Session

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NO CLE - Selected Topics in Chapter 11

Free Session

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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?

Free Session

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NO CLE - Acquiring the Assets of a Distressed Company: A Buyer’s Guide to Selecting the Best Sale Process

Potential buyers often have significant leverage over distressed sellers of assets and are able to influence or dictate the nature of the sale process. This panel will examine the considerations that a potential buyer of a distressed company should make when it has the opportunity to choose the appropriate process and venue for pursuing such acquisition.

Free Session

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NO CLE - After the § 363 Sale: And Now for the Rest of the Story

The panel will discuss and contrast (and will invite the workshop attendees to discuss) the various options for ending chapter 11 cases after the debtor’s assets have been sold, including plans of liquidation, liquidation and litigation trusts, dismissals, structured dismissals and conversion. Issues will include things to consider when planning for the debtor’s wind-down staffing and budget. The panel will also discuss the rest of the story from the perspective of the § 363 purchaser, focusing on recent developments in successor liability.

Free Session

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