There are many similarities between the sale of assets through a bankruptcy sale in the United States under Section 363 of the U.S. Bankruptcy Code and the sale of assets under Canada’s Companies’ Creditors Arrangement Act or Bankruptcy and Insolvency Act. Although the two countries’ legislation is...
Asset sales pursuant to Section 363(b) of the U.S. Bankruptcy Code have become a common staple of complex Chapter 11 bankruptcies. Major companies such as The Rockport Co. LLC, Nine West Holdings Inc., and the Weinstein Company have all used 363 sales, as they are known in bankruptcy parlance, to...
Section 363(f) of the U.S. Bankruptcy Code enables a trustee or Chapter 11 debtor to sell its assets “free and clear of any interest in such property of an entity other than the estate,” provided it meets certain conditions. 11 U.S.C. Section 363(f). As courts have explained, “allowing sales of...
Ever since the securitization market began its exponential growth three decades ago, scholars and lawyers involved in structured finance have searched for a secular "holy grail"—a clear legal definition of a true-sale. 1 The quest is an important one. Despite its implosion in the aftermath of the...
The stand-alone sale in bankruptcy of certain forms of intellectual property, namely trademarks, is now well-established. Since the dot-com bust, when website companies had few, if any, tangible assets to sell, restructuring professionals have grown accustomed to disposing of intangible assets in...
As we reflect on the 10th anniversary of the bankruptcy filing of Lehman Brothers Inc., it’s not difficult to notice that the restructuring industry has changed dramatically over the past decade. Bankruptcy filings are down. Chapter 11 cases that are filed are of shorter duration, and sales under...
2018 Judges Panel, Annual Meeting, and Holiday Reception Monday, December 3, 2018 5:00 p.m.-5:15 p.m. TMA Carolinas Annual Meeting 5:15 p.m.-6:30 p.m. Judges Panel 6:30 p.m.-8:30 p.m. Holiday Reception (to include hors d'oeuvres and cocktails) Charlotte City Club 121 West Trade St. Charlotte, NC
Join TMA NextGen for our annual Membership Appreciation event featuring the latest craze in spirits: tequila tasting. Come enjoy your memberships, mingle with fellow NextGeners in a beautiful setting overlooking the Atlanta skyline and make some new connections. We'll also have a specialty...
"Navigating Tax Reform: What Your Business Clients Need to Know" is a panel discussion about select provisions of The Tax Cuts and Jobs Act that went into effect on December 22, 2017. The panelists will provide insights on the tax reform landscape and its effect on your clients as the tax policy...
Met onze gedachten nog bij ons succesvolle jaarlijkse diner kijken wij al weer uit naar de Nieuwjaarsbijeenkomst. Met het oog op een duurzame toekomst hebben wij Thomas Rau uitgenodigd om te spreken tijdens onze 1e bijeenkomst in 2020. Thomas Rau is ondernemer, architect, innovator, inspirator en...
