Distressed Asset Buyers & Sellers Representation

The debtor’s or trustee’s authority to “use, sell or lease, other than in the ordinary course of business, property of the estate,” is one of the most beneficial powers created under the Bankruptcy Code (11 U.S.C. 363(b)). This provision gives the debtor and creditors the power to convert some or all of the assets of the estate into cash in an expedited manner, often in a matter of only days. It also provides opportunities for interested third-parties, usually unrelated to the debtor’s case, to purchase certain assets or even the entire business of the debtor in an expedited process.

A properly conducted Section 363 Sale can benefit all major parties in a bankruptcy case. Our Bankruptcy practice group regularly conducts such sales and has the experience needed to ensure they are conducted properly and to the satisfaction of the bankruptcy court. We have worked all sides of 363 sales, including representing the debtor as seller, the creditors as interested overseers, and the purchaser as prudent investor in sound business opportunities, and have handled all sizes of 363 sales from as small as a few hundred thousand dollars to as large as tens of millions of dollars.

  • Represented purchaser of all assets of a full service pipe-bending business.
  • Represented purchaser buying three apartment projects totaling over $30m.
  • Represented purchaser of millions of dollars of oil field service equipment.
  • Represented purchaser of story treatment by major motion picture studio.
  • Represented purchasers of healthcare entities as a going concern through asset purchases and stock purchases.
  • Represented purchaser fully-developed senior living campus valued at of $20m.
  • Represented private equity bidder in auction of multi-family property.
  • Represented bidder in auction for real property in national retailer case.
  • Represented debtor in $15m sale of assets, including patents and licenses, for installation of proton therapy systems for radiation treatment of cancer patients.
  • Represented secured creditor in sale of oil and gas interests.
  • Represented largest unsecured creditor in sale of 41-unit chain of liquor stores.