Throwing a Lifeline: How to acquire troubled assets using a lawyer’s toolbox

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The current economic difficulties in the United States generally are associated with job losses and business failures, along with the associated increase in individual and business bankruptcy filings. However, difficult economic times also present opportunities for strong businesses to make strategic acquisitions of troubled assets and businesses at good prices to expand their market share or acquire a synergistic business line to augment their current business models. This particular economic down cycle may also provide some unique opportunities involving financial institutions that wish to shed assets quickly before the loss of the going concern value of their customers (i.e., before the bank’s foreclosure of the assets). Recent anecdotal information suggests that this type of merger and acquisition (M&A) activity in the Northwest is just beginning as buyers perceive that the bottom of the economic downturn is at hand.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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