Our firm also has significant experience in handling transactions involving the purchase and sale of businesses as well as real estate properties both in and out of bankruptcy proceedings. We often are engaged to analyze companies before they are acquired to determine the risks associated with the transaction. We then design the best and most efficient method for the acquisition and resolution of any pending litigation claims. We know that without conducting proper due diligence, any asset can quickly become a liability.
The Law Offices of Frank J. Wright provides our clients with a multi-disciplinary approach to any transaction by collaborating with real estate, corporate, accounting, banking & financial institutions. Our approach allows us to design customized, efficient and comprehensive services for our clients. Our firm regularly assists companies in the purchase and sale of assets in complex financial transactions that include
- Chapter 7 and 11 bankruptcy cases
- Section 363 Sales
- Out-of-court commercial debt restructurings
- Distressed M&A sales and acquisitions
- Investments in distressed assets and securities
- Your Reliable Partners for Section 363 Sales
Section 363 allows a company that files for bankruptcy to sell some or all its assets outside the ordinary course of business, provided the debtor obtains approval from the courts.
Rather than pursuing a traditional Chapter 11 bankruptcy plan, a distressed company may choose to initiate a sale of all or some of the debtor’s assets under section 363 of the Bankruptcy Code.
A debtor may initiate a 363 sale before filing for bankruptcy by negotiating a purchase agreement with a stalking horse bidder who is afforded deal protections such as expense reimbursement, break-up fee and conditioning the binding nature of the purchase agreement on milestones set for the debtor.
Purchasers who acquire the asset through a 363 Sale will obtain title free and clear of any liabilities if the sale is structured correctly.
With an unmatched reputation for excellence, responsiveness and understanding of our clients, we will provide you with strategic and practical legal services. Our experienced attorneys have handled successful Section 363 Sales and other complex business transactions.
- Represented a public company in the acquisition of multiple world-wide direct selling businesses involving structuring the transactions to minimize the risks of existing and potential liabilities.
- Represented a private company in the acquisition of a technology company.
- Represented a private company in the acquisition of laboratory companies through a court-approved Section 363 sale.
- Represented a private company in the acquisition of a technology company through a Chapter 11 plan of reorganization structured to maximize the retention of significant tax benefits.
- Represented a restaurant chain in the sale of their business through a Chapter 11 plan of reorganization.