Purchase of a Debtors Assets in Bankruptcy: 363 Sales process for new and non-bankruptcy attorneys
Kilpatrick Townsend & Stockton LLP
Dahni Barav-Johnson represents national and international clients in corporate restructuring, bankruptcy, and other insolvency-related matters.
Paul M. Rosenblatt
Kilpatrick Townsend & Stockton LLP
Paul Rosenblatt’s practice focuses on providing sophisticated strategic advice for solving legal and business issues involving corporate and commercial bankruptcy cases, fintech, workout and restructuring matters, and bankruptcy related litigation.
On-Demand:January 17, 2023
$95.001 hour CLE
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The purchase of a debtor’s assets in bankruptcy under section 363 of the Bankruptcy Code offers many advantages to prospective buyers and sellers alike, including the ability to purchase assets free and clear of liabilities, cherry pick contracts to assume and reject, and sell a business over the objections of creditors. But such “363 sales” also present certain challenges and drawbacks. Learn about the pros and cons of serving as a stalking horse bidder. Understand the hoops that debtors and sellers must jump through to close the sale. This presentation will provide an introductory overview of the 363 sale process, including the key players and their roles, the steps that debtors and bidders must complete, and other considerations for implementing a successful sale.
Key topics to be discussed:
The advantages and disadvantages of a section 363 sale
The key considerations when participating in a section 363 sale
Typical procedures and timing of a section 363 sale
Disputes over who submitted the highest and/or best bid
Dahni Barav-Johnson represents national and international clients in corporate restructuring, bankruptcy, and other insolvency-related matters. Dahni has particular experience representing corporate debtors, creditors, and creditors’ committees in Chapter 11 proceedings and complex bankruptcy litigation. In addition, she counsels clients on a variety of in-court and out-of-court insolvency and bankruptcy issues, including the sale and acquisition of assets under section 363 of the Bankruptcy Code, set-off of debts under section 553 of the Bankruptcy Code, bankruptcy litigation and appeals, bankruptcy discharges, fraudulent conveyances, preferential transfers, and fiduciary duties. Dahni has experience in, among other areas, the aviation, energy, transportation, manufacturing, mass tort, asbestos, and entertainment sectors.
Prior to joining the firm, Dahni was an associate in the Atlanta, Georgia office of an international law firm where she focused her practice on representing debtors and creditors in corporate and municipal restructurings, and other complex, bankruptcy-related matters. While attending law school, Dahni served as an intern in the Federal Public Defender’s Office in Nashville, Tennessee and as an intern in the United States Attorney’s Office in Asheville, North Carolina. She was also Managing Editor of the Vanderbilt Journal of Entertainment and Technology Law.
Dahni was recognized in 2021, 2022 and 2023 as one of the “Best Lawyers: Ones to Watch” for Bankruptcy andCreditor Debtor Rights/Insolvency and Reorganization Law by The Best Lawyers in America®
Paul M. Rosenblatt | Kilpatrick Townsend & Stockton LLP
Paul Rosenblatt’s practice focuses on providing sophisticated strategic advice for solving legal and business issues involving corporate and commercial bankruptcy cases, fintech, workout and restructuring matters, and bankruptcy related litigation. His experience includes representing debtors, creditor committees, secured and unsecured creditors, equity holders and bidders/asset acquirers in bankruptcy cases; parties in out-of-court workouts and restructurings; and plaintiffs and defendants in federal, bankruptcy, and state court litigation. He appears in federal, bankruptcy, and state courts throughout the United States.
Mr. Rosenblatt is listed in the 2015, 2021 and 2022 editions of Chambers USA: America’s Leading Lawyers for Business for Bankruptcy Law and in every edition prior to 2015 since first published in 2005. He is also listed in the 2009 Legal 500 US and was selected by his peers as one of “The 2009 Legal Elite: Georgia’s Most Effective Lawyers” by Georgia Trend magazine. Mr. Rosenblatt was also named a 2012 and 2016 “Legal Elite” by Georgia Trend in the area of Bankruptcy
He was named a Georgia “Super Lawyer” in Bankruptcy & Creditor/Debtor Rights in 2008 and 2011 by Super Lawyers magazine. Mr. Rosenblatt was awarded the “2008 Transaction of the Year” award by the Chicago/Midwest Chapter of the Turnaround Management Association.
I. The advantages and disadvantages of a section 363 sale | 1:00pm – 1:15pm
II. The key considerations when participating in a section 363 sale | 1:15pm – 1:30pm
III. Typical procedures and timing of a section 363 sale | 1:30pm – 1:45pm
IV. Disputes over who submitted the highest and/or best bid | 1:45pm – 2:00pm