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BUYER ACQUIRES BANKRUPT FILM COMPANY’S PRODUCTION AGREEMENT WITHOUT PRE-CLOSING LIABILITIES

The buyer was not responsible for the production agreement’s pre-closing liabilities because it was a non-executory contract. M&A Stories August 25, 2021 Introduction: When a buyer purchases a distressed business out of bankruptcy, there are specific rules that apply, especially

Posted in bankruptcy sale, buying distribution business, distressed business acquisitions, executory contracts, Section 363 sale Tagged with: , , , , , , , , ,

Stalking Horse’s Bid Fails in M&A Deal Due to Dispute Over PPP Loan Value

Explore a recent M&A case where a stalking horse bid faced challenges due to disagreements over the value of a PPP loan. Gain insights into the legal intricacies and implications of this unique situation. M&A Stories November 17, 2020 Introduction:

Posted in bankruptcy sale, distressed business acquisitions, PPP loan assumption, Section 363 sale Tagged with: , , , , , , , , ,

Bankruptcy Court Approval for Sale of Business with Insider Connections

Learn about the bankruptcy court’s role in approving the sale of a financially troubled business with insider connections under Section 363 of the Bankruptcy Code. Explore a case study involving an offshore mussel farm acquisition, creditor objections, and the court’s

Posted in buyer connected to seller insiders, distressed business acquisitions, Section 363 sale Tagged with: , , , , , , , , , , , ,

Buyer Bound by Bankruptcy Court’s Sale Order Despite Non-Signing of Purchase Agreement

Explore a case involving a Section 363 bankruptcy sale where a buyer’s liability was upheld by the court despite not signing the purchase agreement. Gain insights into the legal implications of court-approved sales orders in distressed business acquisitions. March 11,

Posted in bankruptcy sale, distressed business acquisitions, sales order, Section 363 sale Tagged with: , , , , , , , , , , ,

Insolvent Nonprofit Hospital Sells Assets in Bankruptcy: California Attorney General’s $305 Million Conditions Overruled

Explore the legal details of a California nonprofit hospital’s asset sale in bankruptcy, where the Attorney General’s conditions were overruled, impacting a $610 million deal. Learn about the implications and case reference. November 1, 2019 Introduction: Selling assets of a

Posted in bankruptcy sale, distressed business acquisitions, Section 363 sale, state approval of nonprofit hospital Tagged with: , , , , , , ,

Buyer’s Section 363 Purchase of Bankrupt Hospital Assets Clears Medi-Cal Liabilities

Learn about a recent M&A legal case where a buyer successfully purchased assets from a bankrupt hospital without taking on its liabilities. Explore the implications of Bankruptcy Code Section 363 and its impact on Medi-Cal agreements. Gain insights into the

Posted in bankruptcy sale, distressed business acquisitions, executory contracts, Medi-Cal provider agreements, Section 363 sale Tagged with: , , , , , , , , , ,

Understanding Product Liability in M&A: A Recent Legal Case

Explore the complexities of product liability in M&A through a real-life legal case involving the acquisition of National Car Rental. Gain insights into liability assumptions and legal outcomes. August 27, 2019 M&A Stories Introduction: When acquiring a business out of

Posted in bankruptcy sale, distressed business acquisitions, product line exception, sale of product line, Section 363 sale, successor liability Tagged with: , , , , , , , , , , , , , , , ,

Bankruptcy Court Approves Sale of Business, Clears Pension Claim

Explore the recent M&A development where a pension plan’s attempt to block a company’s business sale in bankruptcy failed. Discover how section 363(f)(3) of the Bankruptcy Code played a pivotal role in allowing the sale to proceed without the burden

Posted in asset purchase agreement, bankruptcy sale, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, Section 363 sale, successor liability Tagged with: , , , , , , , , , , , , , , , , , ,

Investment banker succeeds in getting its transaction fee approved in chapter 11 asset sale in face of trustee/creditor push back

Investment Banker provides a broad range of services including investment banking services to financially distressed companies. In 2017, Seller, a celebrity chef owned small restaurant chain, retained Investment Banker as its investment banker to assist with a recapitalization or a

Posted in approval of investment banking fee, bankruptcy sale, distressed business acquisitions, investment banker/business broker

Buyer does not acquire patent license agreement from chapter 7 bankruptcy trustee

This case involved the purchase of a patent license agreement out of bankruptcy of several related companies. For purposes of illustration the facts have been modified by describing the sale out of bankruptcy of a patent license agreement from just

Posted in bankruptcy sale, distressed business acquisitions, executory contracts

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