Section 363 Bankruptcy Sales & Distressed M&A
Bankruptcy & Restructuring
Execution of Asset Sales and Acquisitions in Bankruptcy and Distressed Environments
WH Burkley advises buyers, sellers, lenders, investors, creditors, and other stakeholders in Section 363 asset sales and distressed merger and acquisition transactions. We provide practical, business-focused counsel to help clients identify opportunities, manage risk, and execute transactions efficiently in complex restructuring and insolvency environments.
Distressed transactions present unique challenges involving valuation, financing, stakeholder negotiations, court approvals, and accelerated timelines. Our attorneys work closely with clients to structure and execute transactions that preserve value, maximize recoveries, and support strategic business objectives.
Section 363 Asset Sales
• Representation of buyers and sellers in Section 363 sale transactions
• Stalking horse bidder and bid procedure matters
• Purchase agreement negotiation and documentation
• Court approval and transaction closing processes
• Sale order and successor liability considerations
Distressed Mergers & Acquisitions
• Acquisition of distressed businesses and assets
• Strategic and opportunistic investment transactions
• Distressed divestitures and recapitalizations
• Transaction structuring and risk allocation
• Integration of restructuring and acquisition strategies
Due Diligence & Transaction Analysis
• Financial, operational, and legal due diligence
• Analysis of assets, liabilities, and contractual obligations
• Evaluation of restructuring risks and opportunities
• Regulatory and compliance considerations
• Assessment of ownership and lien-related issues
Financing & Transaction Support
• Acquisition financing and capital structure matters
• DIP financing and exit financing coordination
• Negotiation with lenders and stakeholders
• Resolution of transaction-related disputes
• Coordination with financial advisors and investment professionals
Stakeholder Negotiations
• Creditor and lender negotiations
• Purchaser and seller representation
• Committee and fiduciary-related matters
• Recovery and value maximization strategies
• Coordination of transaction and restructuring objectives
Our Approach
- Align transaction strategies with each client’s investment, recovery, and business objectives
- Evaluate transaction structures, risks, and opportunities in fast-moving distressed environments
- Coordinate across legal, financial, operational, and stakeholder considerations
- Focus on preserving value, minimizing execution risk, and maximizing outcomes
- Prioritize responsiveness, clear communication, and efficient execution
Why WH Burkley
• Experience in Section 363 sales, distressed acquisitions, and complex restructuring transactions
• Practical understanding of bankruptcy, M&A, finance, and recovery strategies
• Ability to navigate accelerated timelines, stakeholder negotiations, and transaction execution risks
• Integration with bankruptcy, corporate, finance, litigation, and creditors’ rights capabilities
• Responsive, partner-level service focused on execution and results
Recognition
Best Law Firms | Cleveland
- Band 1 – Litigation – Bankruptcy
- Band 1 – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Band 1 – Banking and Finance Law
- Band 1 – Commercial Transactions / UCC Law
Best Law Firms | Pittsburgh
- Band 1 – Litigation – Bankruptcy
- Band 1 – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Band 2 – Litigation – Commercial
Best Law Firms | US
- Band 2 – Banking and Finance Law
- Band 2 – Litigation – Bankruptcy
- Band 2 – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
*Certain recognitions displayed on this page were earned prior to the formation of WH Burkley LLP and may reflect the accomplishments of our legacy firms, Walter Haverfield LLP and Bernstein-Burkley, P.C.