The District Court for the Southern District of Texas (the “District Court”) recently issued a ruling in the chapter 11 cases of ConvergeOne Holdings, Inc. and its affiliated debtors (together, the “Debtors”) prohibiting the...more
The best — and sometimes only — option for a financially troubled company to avoid a piecemeal liquidation may be to seek an acquirer for itself or its assets. While a distressed company may prefer an out-of-court sale...more
9/4/2025
/ Asset Purchase Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Distressed Assets ,
Distressed Debt ,
Employee Retention ,
Executive Compensation ,
Fraudulent Transfers ,
Incentive Compensation ,
Insolvency ,
Liquidation
Conducting an asset sale through a bankruptcy auction — a Section 363 sale — is an effective and common M&A tool for a distressed company.
In anticipation of a 363 sale, a Chapter 11 debtor typically tries before its...more
2/12/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Competitive Bidding ,
Creditors ,
Debt Restructuring ,
Debtors ,
Distressed Debt ,
Reorganizations ,
Sale of Assets ,
Section 363
A bankruptcy sale is an opportunity to potentially acquire assets at distressed pricing. A bankruptcy sale also presents prospective bidders with a level playing field to conduct due diligence, submit a bid, and compete...more
5/22/2024
/ 363 Sales ,
Acquisitions ,
Assignments ,
Assumption of the Risk ,
Auction ,
Bankruptcy Code ,
Bids ,
Business Assets ,
Commercial Bankruptcy ,
Competitive Bidding ,
Debtors ,
Executory Contracts ,
Regulatory Requirements ,
Sale of Assets ,
Section 363