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ABI Journal

Asset Sales Committee

asset-sales

The use of social media accounts by companies is now commonplace, and these social media accounts have themselves become valuable assets.[1] In a recent bankruptcy case, the debtor company sought to sell substantially all of its assets, and the bankruptcy court had to analyze who owned the debtor’s social media accounts: the debtor, or the debtor’s for

Nomination Deadline: March 18, 2024

Criteria

  • Completion of a distressed sale (in or outside of court via § 363, a plan, an assignment for benefit of creditors, Article 9, receivership, etc.) that was strategic and provided stakeholders with value (“Sale”);

In business restructuring and chapter 11 cases, it’s not all that unusual at the outset for  professionals to exclaim at some juncture, “You want me to do what…?” That was the question prior to the initiation of the Laforta-Gestao e Investimentos, Sociedade Unipessol, Lda., et al.

ABI’s Asset Sales Committee awarded the 2022 Asset Sale of the Year Award to counsel for the stakeholders involved in the successful 11 U.S.C. § 363 sale of the assets and interests of chapter 11 debtor Haven Campus Communities-Starkville, LLC in In re Haven Campus Communities-Starkville, LLC, which came before Hon. Selene Maddox of the U.S.

On April 21, 2023, ABI’s Asset Sales Committee announced that the 2022 Asset Sale of the Year was awarded to the case of In re Electric Last Mile Solutions Inc., et al. (Bankr. D. Del. Case 22-10537-MFW), for the sale of substantially all its assets to Mullen Automotive, Inc. (NASDAQ: MULN).

Co-Chairs’ Corner

Hello and thank you to our existing members, and a warm welcome to those recently joining us. We hope this newsletter finds you well, and we look forward to seeing all of you in the coming year.

Nomination Deadline: Friday, March 31, 2023

Criteria

  • Completion of a distressed sale (in or outside of court via § 363, a plan, an assignment for benefit of creditors, Article 9, receivership, etc.) that was strategic and provided stakeholders with value (“Sale”);

On April 29, 2022, the ABI Asset Sales Committee announced that the 2021 Asset Sale of the Year was awarded to In re Lighthouse Resources, Inc., et al. (Bankr. D. Del. Consol. Case No. 20-bk-13056- JTD), for the sale of its Wyoming real property assets.

Co-Chairs Corner

We hope this newsletter finds you well. We welcome our new members and look forward to seeing all of you at our upcoming events.

The Asset Sales Committee is actively soliciting nominations for the Fourth Annual ABI Asset Sales Committee Sale of the Year Award. Details are set forth below. Please submit your best deal.

Nomination Deadline

Friday, March 18, 2022

Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees. FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.

This webinar will provide an overview of key provisions in, and frequent disputes regarding, bidding procedure orders and bidding procedures. The webinar will cover both a basic introduction to the topic, as well as a discussion on advanced hot issues and recent trends in this area of law.

This panel hosted by the Asset Sales and Health Care Committees will discuss the Top 10 Issues to Be Aware of When Buying a Health Care Business, and How to Plan for the Inevitable Surprises.

The Asset Sales Committee will host a webinar on the roles of secured, undersecured and unsecured creditors and committees in asset sales and bidding processes involving complex capital structures. The discussion will focus on the challenges and complications that can arise in seeking an expedited sale free and clear of claims and liens and means by which creditors and committees can use the sale process to their advantage.

Labor Issues in 363 Sales: Things You Need to Know

Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy

The Asset Sales Committee hosted their most recent committee call on Wednesday, November 12. This call was titled "Bankruptcy Reform Commission’s Consideration of a Proposal to Surcharge Secured Lenders for 363 Asset Sales" and worked to more broadly inform and engage bankruptcy and restructuring professionals about the proposal being considered by the Bankruptcy Reform Commission to assess a charge on secured lenders for 363 asset sales in Chapter 11. Ms. Kathryn A. Coleman of Hughes Hubbard & Reed LLP and Mr. Gregory A.

Fisker & Free-Lance Star

The October 2nd conference call for ABI's Asset Sales Committee provided a brief overview of the Fisker Automotive opinions, as well as their progeny, including Free-Lance Star. The discussion also explored the practical implications of those decisions for practitioners representing different constituents in a restructuring. The call was led by Oscar N. Pinkas of Dentons US LLP in New York, and Justin F. Paget of Hunton & Williams LLP in Richmond, Virginia.

Randye B. Soref

Randye B. Soref

Co-Chair

Los Angeles, CA

Polsinelli

(310) 556-1801

Jane Kim

Jane Kim

Co-Chair

San Francisco, CA

Keller Benvenutti Kim LLP

(415) 364-6793

Thomas S. Kessler

Thomas S. Kessler

Communications Manager

New York, NY

Cleary Gottlieb Steen & Hamilton LLP

(212) 225-2000

Christopher M. Candon

Christopher M. Candon

Education Director

Manchester, NH

Sheehan, Phinney, Bass + Green

(603) 627-8168

Steven L. Victor

Steven L. Victor

Membership Relations Director

Chicago, IL

Development Specialists, Inc.

(312) 263-4141

William Hao

William Hao

Newsletter Editor

New York, NY

Alston & Bird LLP

(212) 210-9417

Hayley G. Harrison

Hayley G. Harrison

Special Projects Leader

Boca Raton, FL

Wernick Law PLLC

(561) 961-0922

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