Successor Liability, 363 Sales, and Chapter 11: Buyers…
Program Title:
Successor Liability, 363 Sales, and Chapter 11: Buyers, Sellers, and Creditors Beware!
Presented By:
Commercial Law & Bankruptcy Section
Date:
Thursday, July 28, 2016
Program Description:
The panel will discuss the issue of successor liability in the context of a sale under 11 U.S.C. § 363 from the perspective of a buyer, seller, and creditors. The discussion will cover how to sell a business before the value is all gone, strategies to structure sales and asset transfers through plans and section 363 sales, exceptions to the “free and clear” rule, when a buyer may be liable for present or future claims of the debtor, rights and strategies of a purchaser facing successor liability, and methodology and considerations in attacking a buyer for successor liability. The panel will also discuss key post confirmation jurisdictional considerations in evaluating what court may address these issues.
Speakers:
Hon. Julia W. Brand, United States Bankruptcy Court
Jeffrey I. Golden, Lobel Weiland Golden Friedman LLP
Whitman L. Holt, Klee, Tuchin, Bogdanoff & Stern LLP Read more…