Polsinelli Podcasts: Out-of-Court Alternatives to Bankruptcy
Section 363 of the Bankruptcy Code allows a Chapter 11 debtor to sell assets "free and clear" of existing claims, liens, encumbrances, and other liabilities. This provision facilitates expedited sales that might otherwise be...more
Distressed entities seeking to sell assets often encounter commercial and legal challenges related to existing claims or resistant constituents. One possible solution to those challenges is to sell assets in bankruptcy...more
Investing in distressed entities or their debt or equity can represent attractive opportunities, but not without certain unique challenges, particularly in the post-COVID-19 era. Often these transactions occur out of court as...more