Buying and Selling Distressed Businesses provides an authoritative, insider's perspective on best practices for purchasing and selling the assets of a debtor in a Chapter 11 case under Section 363 of the Bankruptcy Code. Featuring partners from some of the nation's leading law firms, this book guides the reader through how the Chapter 11 practice is changing, the factors driving these changes, and what it means for the sale of distressed businesses. From analyzing buyer objectives and preparing for the negotiation process to managing successor liability risk and working with the bankruptcy court, these top lawyers give tips on assisting clients during the bankruptcy acquisitions process and avoiding common mistakes. Additionally, these leaders discuss recent notable distressed business sales, the strategies involved, and what clients and counsel can learn from these deals. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this competitive field.
Inside the Minds provides readers with proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Each author has been selected based on their experience and C-Level standing within the business and legal communities.
1. Stephen B. Selbst, Partner, Herrick, Feinstein LLP - "Developing Strategies and Overcoming Challenges for Distressed Purchases and Sales"
2. William J. McKenna, Partner, Derek L. Wright, Senior Counsel, Foley & Lardner LLP - "The Bargains and Risks of Buying Assets During a Chapter 11"
3. Robert V. Sartin, Member, Frost Brown Todd LLC - "Developing an Effective Acquisition Strategy for a Distressed Business Requires Knowing and Understanding the 'Why'"
4. Abhilash M. Raval, Partner, Milbank, Tweed, Hadley & McCloy LLP - "The Up and Down Practice of Distressed Business Sales"
5. David A. Warfield, Partner, Thompson Coburn LLP - "Analyzing the Trends in Distressed Asset Sales"
Appendix A: Due Diligence Checklist
Appendix B: Sample Bidding Procedures
Appendix C: Sample Notice of Auction and Sale
Appendix D: Sample Form of Order
Appendix E: Sample Motion Pursuant To Section 363 for Entry of an Order
Appendix F: Contract Template for Due Diligence
Appendix G: Trademark Template for Due Diligence
Appendix H: Patent Template for Due Diligence
Appendix I: Tax Template for Due Diligence
Appendix J: Software Template for Due Diligence
Appendix K: The Sale and Purchase of Assets from a Distressed Company