Purchase of a Debtors Assets in Bankruptcy: 363 Sales process for new and non-bankruptcy attorneys

Danielle Barav-Johnson | Kilpatrick Townsend & Stockton LLP

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