Asset Sales Committee

Reorganization Value, § 363 Value, and the Games People Play

Today’s chapter 11 cases tend to include upfront announcements of the debtor’s preferred exit strategy. We often see the debtor’s first-day announcement of a pre-negotiated plan structure or an already “half-baked” sale process, as well as DIP loan covenants, driving the announced strategy to a quick and assured conclusion. But what if that plan or sale process is not designed (perhaps intentionally so) to accurately reflect the business’s true inherent worth?

Media: Video
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“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.


NO CLE - 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.

Free Session

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