Course Details

Bankruptcy Section 363: Purchasing Distressed Assets

Webinar: ID# 1023906
Recorded CD
About This Course:
Current and expected future economic conditions portend an increase in the sale of distressed assets out of bankruptcy and other insolvency situations due to the increase in financially distressed and overleveraged companies.

Growing valuations for both public and private companies, the continued limited access to growth capital for potential sellers and the promise of deregulation from the new Trump administration that may significantly increase liquidity to funding sources, present a perfect combination of increasing buy-side demand and seller-side supply conditions for a frothy future market for distressed sales and acquisitions.

You will come away with a command of the sale process and significant benefits and opportunities presented in a Bankruptcy Section 363 Sale. You will also learn how to master the process and nuances of the Bankruptcy Code so as to best position yourself to achieve a successful acquisition or disposition.


Section 363
  • Background of Bankruptcy Code Section 363
  • Alternatives to Section 363 Sales
  • Advantages and Disadvantages of a Section 363 Sale
The Section 363 Sale Process
  • Overview of the Bankruptcy Sale Process
  • Timing and Other Processes
  • What Is "Market" for Bid Protections: Breakup and Topping Fees, Lockups, No Shops and Others
The Future of Bankruptcy Sales
  • Successor Liability – Limitations
  • Sales in International and Cross-Border Transactions
  • 363 Sales in the Post Chrysler and GM Era
About The Presenters

Victor G. Milione
  • Partner and Practice Group Leader for Nixon Peabody LLP’s Global Financial Restructuring and Bankruptcy Group
  • Practice emphasizes all aspects of financial restructuring and bankruptcy
  • More than 30 years of experience representing various clients including financial institutions, securitization trustees and special servicers in the workout, restructuring and adversarial proceedings involving billions of dollars in commercial loans
  • Ranked as one of the top 25 bankruptcy lawyers in the country by The Deal
  • Recognized as a Massachusetts Super Lawyer in bankruptcy based on a peer-review survey by Boston magazine
  • Frequently writes about and speaks on bankruptcy and commercial law subjects around the country
  • Frequently quoted as an authority on bankruptcy and litigation issues in print media nationwide
  • Taught courses on business and bankruptcy law for area colleges, and has been a guest lecturer on distressed real estate finance at Boston College
  • J.D. degree, Suffolk University Law School; B.A. degree, University of Connecticut
Daniel W. Sklar
  • Partner in the Manchester, New Hampshire, office of Nixon Peabody LLP
  • Focuses on all aspects of financial restructuring and bankruptcy with extensive experience in the area of corporate law and commercial transactions
  • Represented debtors, trustees, secured creditors, committees, stockholders, lessors and senior executives in large Chapter 11 cases around the country for more than 30 years and has been involved in a number of international insolvencies
  • Listed in Best Lawyers in America since 1989, recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business for bankruptcy work and recognized in Chambers USA in previous years, and as a New England Super Lawyer in bankruptcy and creditor/debtor rights based on a peer-review survey by Boston magazine, 2007
  • Adjunct professor of law at UNH School of Law, teaching a course on bankruptcy and reorganization
  • LL.M. degree, Boston University Law School; J.D. degree, cum laude, Boston College Law School; B.A. degree, University of Pennsylvania
Bankruptcy Section 363: Purchasing Distressed Assets
Available on CD format
Course Details
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