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Purchasers' Ability to Preserve Tax Attributes in Context of ' 363 Sales

This article addresses a growing trend in bankruptcy sales whereby purchasers decline to effectuate an asset purchase under Bankruptcy Code ' 363, and instead, acquire the debtor's stock by sponsoring a reorganization plan designed to preserve valuable tax attributes.

30 minute read December 14, 2011 at 09:02 AM
By
Sunni P. Beville and Vincent J. Guglielmotti
Purchasers' Ability to Preserve Tax Attributes in Context of ' 363 Sales

This article addresses a growing trend in bankruptcy sales whereby purchasers decline to effectuate an asset purchase under Bankruptcy Code ' 363, and instead, acquire the debtor's stock by sponsoring a reorganization plan designed to preserve valuable tax attributes.

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