Bankruptcy Acquisitions

We represent private equity, hedge fund, strategic and institutional investors, and others in bankruptcy acquisitions involving equity, assets, and debt. Whether through a 363 sale (as a stalking horse bidder or auction participant) or a Chapter 11 Plan, we help investors navigate bankruptcy court transactions to maximum advantage.  

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For sophisticated investors, buying a business or assets out of bankruptcy presents opportunity for deep value and certainty. While it is essential for potential buyers to conduct thorough due diligence and understand the risks, there are numerous advantages to buying assets out of bankruptcy:

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Discounted Prices -  Distressed assets are often sold at a significant discount compared to market value. This presents a unique opportunity for buyers to acquire valuable assets at favorable prices.

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Efficient Process - The streamlined nature of 363 sales allows for a faster transaction, reducing the time and costs associated with other deals.

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Clear Title - Assets acquired through 363 sales typically come with clear titles, ensuring a smoother transfer of ownership to the buyer.

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Limited Liability - Whether through a 363 sale or Plan, acquirers can generally avoid assuming the seller's liabilities and debts, shielding themselves from the company's past financial troubles.

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Competitive Advantage - Becoming a stalking horse bidder provides a strategic advantage, giving the bidder the right to match any competing offer if they are outbid during the auction.

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