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Profiting from the Downturn: Bankruptcy Asset Sales
The recent turmoil in the financial markets has caused many businesspeople to actively seek out opportunities in undervalued or distressed assets. Buying assets out of a bankruptcy case represents one of the best ways to profit from financial distress. However, just as there is no typical bankrupt company, there is no typical asset sale in a bankruptcy case. Bankruptcy and distressed company investing, while potentially lucrative, is also complex and oftentimes contentious.
Bankrupt debtors seek to sell assets that range from entire businesses to individual pieces of equipment. Old, worn-out, or obsolete assets are as likely to be on the block as new, freshly purchased or produced materials. The range and quantity of assets sold by debtors means that opportunities abound for purchasers able to quickly and efficiently analyze the value of assets and close transactions. Spectacular tales of outrageous returns realized by so-called vulture investors abound. Less often told are the stories of would-be vultures spending significant time and money chasing deals that end up going nowhere. While it is true that the assets of bankrupt companies can often be purchased for literally pennies on the dollar, the bankruptcy asset purchase process can be challenging and the legal aspects of bankruptcy asset sales place severe demands on any would-be vulture.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.