News & Analysis as of June 15, 2025

Bankruptcy Code

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Recent ruling provides guidance on 363 asset sales

Eversheds Sutherland (US) LLP on 2/26/2025

On February 12, 2025, the US District Court for the District of Delaware issued a significant ruling in the case of HE, Inc. v. Avadim Holdings Inc. and Relion Holdings LLC. This decision arose from the Chapter 11 bankruptcy...more

363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers

Mintz - Bankruptcy & Restructuring Viewpoints on 9/14/2020

Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a “363 Sale”). We are back with our second...more

363 Sales as a Health Care M&A Tool, Part 1 – Overview

Mintz - Bankruptcy & Restructuring Viewpoints on 7/28/2020

This two-part blog series discusses why buyers looking to make strategic purchases in the health care industry might want to take advantage of the Bankruptcy Code Section 363 sale process (363 Sale) and the pros and cons of...more

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

Mintz - Bankruptcy & Restructuring Viewpoints on 6/16/2017

It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11 confirmation orders routinely provide that the bankruptcy court retains jurisdiction...more

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Sale of Assets › Contract Terms › Bankruptcy Code

Recent ruling provides guidance on 363 asset sales

363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers

363 Sales as a Health Care M&A Tool, Part 1 – Overview

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

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