The seller’s unpaid creditors contend that other potential strategic partners were willing to pay between $42 million and $51 million for the seller. M&A Stories September 26, 2022 Introduction Selling a financially distressed business involves unique risks for both the…
Blog Archives
UNSECURED CREDITORS DISPUTE $36 MILLION SALE OF DISTRESSED SNACK MAKER BEFORE BANKRUPTCY
Posted in problems with creditors of distressed business Tagged with: $36 million sale, bankruptcy, bankruptcy sale, Breach of fiduciary duty, Corporate governance, Dispute, Distressed snack maker, Financial difficulties, Lawsuit, M&A legal, Piercing the corporate veil, Private equity firm, Section 363 sale, successor liability, Unsecured creditors
ASSET BUYER’S PRODUCTS LIABILITY AS SUCCESSOR: A CASE STUDY
The asset buyer had not assumed this liability in the asset purchase agreement and no common ownership or officer director management between buyer and seller. M&A Stories August 26, 2021 Introduction: When an asset buyer acquires a business, they have…
Posted in all cash deal, asset purchase, continuity of ownership, de facto merger exception, mere continuation, mere continuation exception, product line exception, successor liability Tagged with: Asset buyer, asset purchase agreement, Bell v. American International Industries, Case Study, De Facto Merger Rule, M&A legal blog, Mere Continuation Rule, North Carolina Law, products liability, successor liability
INDIANA HIGH COURT CLARIFIES SUCCESSOR LIABILITY IN M&A DEALS
Learn about the recent Indiana Supreme Court ruling on successor liability in asset acquisitions. Understand the exceptions that relieve business asset buyers from seller creditor claims in M&A deals. M&A Stories April 30, 2021 Introduction: When acquiring the assets of…
Posted in continuity of enterprise exception, continuity of ownership, de facto merger exception, successor liability Tagged with: asset acquisitions, business asset buyer, de facto merger, Indiana M&A deals, Indiana Supreme Court ruling, Legal Blog, Mere Continuation, seller creditor claims, successor liability
COURT ALLOWS DISTRIBUTOR TO SUE BUYER FOR PRE-CLOSING BREACH IN ACQUISITION DEAL
Read about a recent acquisition deal in the printer equipment manufacturing industry where a distributor sued a buyer for alleged pre-closing breach under the “mere continuation successor liability” theory. M&A Stories March 08, 2021 Introduction: In a recent acquisition deal…
Bankruptcy Court Rejects Creditor’s Claim Against Buyer in Post-363 Successor Liability Dispute
Learn about a recent bankruptcy case involving a struggling popsicle business and the legal challenges faced by the buyer. Discover how the court’s ruling highlights the importance of using Bankruptcy Code Section 363 to acquire distressed businesses and avoid successor…
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: Bankruptcy Code, Bankruptcy court, Bankruptcy Court Approval, Case Study, creditor objection, distressed business, In Re Catalina Sea Ranch, insider connections, LLC, offshore mussel farm, sale of assets, Section 363, successor liability
Buyer’s Lengthy Legal Battle Over $58 Million Pension Claim from Seller’s Union
Explore a complex M&A legal case involving a buyer’s struggle against a $58 million pension claim from a seller’s union. Learn how successor liability and careful structuring played a role. April 3, 2020 Introduction: When a business asset buyer acquires…
Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: Asset acquisition, buyer's legal battle, M&A legal case, multiemployer plan, pension fund dispute, pension liability, seller's underfunded pension, successor liability, union pension claim, withdrawal liability
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: 2003 acquisition, Alad case, asset purchase agreement, bankruptcy, Bankruptcy Code, Buyer's responsibility, California, car rental business, Hernandez v. Enterprise Rent-A-Car Company, Legal Case, legal outcomes, liability claims, M&A, National Car Rental, paraplegic lawsuit, product liability, successor liability
Recent Comments