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Vol 13, Num 3 l September 2016

Asset Sales

► In This Issue:

After the Sale: What You Need to Disclose About Selection of Liquidating Trustees and the Role of Liquidating Trusts

Mark I. Duedall
Bryan Cave LLP

In our current bankruptcy regime, sales under § 363 of the Bankruptcy Code are by far the norm, followed by conversion or dismissal, and sometimes, instead, a liquidating plan. Liquidating plans can be a favorable way to wrap up a bankruptcy case, freeing the debtor from many of the filing, procedural and disclosure burdens of the Bankruptcy Code and simplifying the wind-down process. In In re Affordable Med Scrubs LLC, Judge Whipple of the U.S. Bankruptcy Court for the Northern District of Ohio provided some valuable guidance as to potentially required disclosures on the murky ways in which liquidating trustees are selected, what claims liquidating trustees will pursue, and on what post-confirmation plan oversight committees will do. » Read More

“For You, Today”: Valuation as Impacted by Proposed Use


Candace C. Carlyon
Morris Polich & Purdy, LLP
Las Vegas

Bankruptcy Code § 363(e) requires that when property is sold free and clear of an interest in property, the court shall prohibit or condition such sale as is necessary to provide adequate protection of such interest. Parties sometimes concentrate on whether property can be sold free and clear of an interest, and overlook the need to request and demonstrate the value of the interest that is subject to the requirement of providing adequate protection.» Read More


Workshop and Networking Available at ABI Headquarters




Join us on Thursday, September 29th for our next workshop, Turnaround Lending 2016: What Lenders and Borrowers Need to Know. This program is available as a live program at ABI Headquarters or as a live webcast, and a reception will be available post-workshop for networking with our esteemed panelists and fellow attendees.

This program serves as a market update for turnaround and restructuring lending. The workshop includes two panels, addressing a wide range of topics, including regulated and compliance issues impacting lenders.

Click here for a complete list of speakers and sessions.


The Art of Auctioning in Bankruptcy

Panelists at the the Mid-Atlantic Bankruptcy Workshop discussed auctions in bankruptcy in a session titled "The Art of Auctioning in Bankruptcy." The session focused on game theories and claims trading, the private-equity angle, pre-petition debt-buying, due-process issues and information-adequacy issues in first-day sale motions. Click here to read the full set of materials.

Browse and download conference materials from any ABI conference at the ABI Conference Materials Center at

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