Join us for a discussion panel on: Opportunities and Challenges Associated with Early-in-the-Case Section 363 Sales of Substantially All of the Debtor's Assets. Our Panel: Robert Mercer – Partner, Schulten Ward Turner & Weiss LLP Hon. Sage M. Sigler – United States Bankruptcy Judge, Northern...
Uoin us for our 12th Annual Philadelphia Credit & Restructuring Summit 2019 - a joint event with the ABF Journal, the New York Institute of Credit, and the Philadelphia Chapter of the Commercial Finance Association. This half-day conference affords an exceptional opportunity to network with...
As turnaround professionals, we deal with crisis or near crisis situations almost every day. The world of turnaround is not for the weak. The pace can be unrelenting and the stakes extremely high: businesses can shut down, equity holders can lose their capital, creditors can be left unpaid, entire...
Alabama Timothy George Holland, Holland Turnaround & Restructuring Consulting LLC Arizona Shannon Gallop, First Western Trust Bank Eric Lee, Keegan, Linscott & Kenon P.C. Joseph Yockey, Leading Edge Manufacturing LLC Atlanta Richard Baxter, FTI Consulting William J. Boehman, Yamaha Motor...
S ean Clancy is a manager in the Forensic Services Division of Marcum LLP. He provides litigation services in the areas of bankruptcy and reorganization, fraud and misappropriation, computer forensics, and partner and shareholder disputes, specializing in asset tracing and recovery. He also...
Scott Stuart began losing his fear of failure at an unlikely time: in the middle of a streak of courtroom wins as a young lawyer in 1989 at the Finkel Goldstein law firm in New York. An older attorney who noticed his success pulled him aside and told him not to keep count, warning that there will...
There are many similarities between the sale of assets through a bankruptcy sale in the United States under Section 363 of the U.S. Bankruptcy Code and the sale of assets under Canada’s Companies’ Creditors Arrangement Act or Bankruptcy and Insolvency Act. Although the two countries’ legislation is...
Asset sales pursuant to Section 363(b) of the U.S. Bankruptcy Code have become a common staple of complex Chapter 11 bankruptcies. Major companies such as The Rockport Co. LLC, Nine West Holdings Inc., and the Weinstein Company have all used 363 sales, as they are known in bankruptcy parlance, to...
Section 363(f) of the U.S. Bankruptcy Code enables a trustee or Chapter 11 debtor to sell its assets “free and clear of any interest in such property of an entity other than the estate,” provided it meets certain conditions. 11 U.S.C. Section 363(f). As courts have explained, “allowing sales of...
Ever since the securitization market began its exponential growth three decades ago, scholars and lawyers involved in structured finance have searched for a secular "holy grail"—a clear legal definition of a true-sale. 1 The quest is an important one. Despite its implosion in the aftermath of the...
