Command the greatest value for your business asset investment

Thousands of businesses struggle financially and ultimately file for bankruptcy each year – some strategically and others out of desperation. While bankruptcy is unfortunate under any circumstances, it does provide a window of opportunity for other businesses to purchase the distressed company’s assets, opening up a dynamic opportunity for buyers to purchase assets at bargain prices while helping the debtor fulfill their fiduciary duties to their creditors. These transactions, commonly referred to as Section 363 sales, when conducted properly can benefit all major parties in a bankruptcy case.

At A.Y. Strauss, our team of bankruptcy attorneys is well versed in all aspects of Section 363 and distressed asset sales. We represent parties who are interested in making strategic or financial acquisitions of assets from bankruptcy estates, whether via Section 363 or through a confirmed plan of reorganization.

We counsel our clients through all aspects of the Section 363 process, including:
• Negotiation of purchase agreements
• Bidding procedures
• Stalking horse bidder protections
• Auction participation
• Representation at court hearings to approve bid protections and asset sales