Bankruptcy Mergers and Acquisitions in the U.S.


The fascinating osculation points of bankruptcy and M&A engages many different areas of law, including corporate, bankruptcy, securities, contracts, tax and antitrust law, as well as practical matters from other doctrines such as accounting and funding. The most obvious point of osculation is extracted from the subject of this work -"Bankruptcy M&A". The area of bankruptcy law and the area of corporate law that is mergers and acquisitions are two different (sometimes opposite) stages in the life of a corporation. On the one hand the end of the corporate entity by a mean of bankruptcy, and on the other, the beginning of new "life" via merger or acquisition by another corporation. Both of these broad subjects separately, do not exist in vacuum, but rather are found under heavy regulation by the securities law and antitrust laws, and bear grave implications in the area of tax law. The purpose of this work is to provide the reader with an overview of the separate processes connected with bankruptcy M&A in the U.S, to review the main "players" in the market, and to provide the reader with the techniques for trading in debt claims against, and stocks in, the debtor, as well as describing the obstacles and benefits of the bankruptcy M&A process. This work will try to untangle the various ways in which an investor can take advantage of the collision of different areas of law, in order to create investment opportunities in distressed corporations undergoing Chapter 11 Reorganization, in addition to reviewing the reasons for corporate takeovers of corporations undergoing Chapter 11.

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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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