Much attorneys are well known for our sound judgment, skill, and experience in helping creditors and debtors with buying and selling assets.
- Managing risk: Whether representing a seller or purchaser, we help our client understand risks by helping to assess the value of assets and understanding potential liability that can follow distressed assets, such as successor liability, fraudulent conveyance claims, environment claims, product liability risks, or compliance with a seller’s fiduciary obligations.
- Determining the best mechanism to buy and sell assets: Each potential sale opportunity has its own unique issues, challenges, and time constraints. Much’s attorneys understand and advise on the pros and cons of proceeding in various forums and which mechanism will be best to buy and sell the assets for the situation at hand.
- Performing due diligence: Our attorneys understand and advise on the challenges that arise with due diligence of financially troubled companies and their assets. As buyers will likely have little recourse against the seller after closing, we help thoroughly vet due diligence issues.
- Navigating competitive sale processes: Much attorneys have extensive experience in navigating competitive sale processes inside and outside of bankruptcy, including dealing with becoming a stalking horse, having multiple bidders, complying with bid procedures, dealing with contentious creditors, and navigating the nuances of bankruptcy courts across the country.
- Meeting lenders’ requirements: Much attorneys are highly experienced in asset sales that meet the detailed requirements of secured and unsecured lenders and understand the statutory requirements and nuances necessary to comply with applicable law so that a transaction is not attacked after the fact.
