Expert Insights: How Organizations Are Assessing and Executing Chapter 11 Strategies

In this environment of economic uncertainty, it’s important to lean on the experts. 

In this 35-minute conversation with Shana Elberg, Marie Gibson and Faiz Ahmad – all partners at Skadden – learn about the various factors to consider when navigating a Chapter 11 process, including:

  • How to involve the board during a Chapter 11 process
  • Key factors that management teams typically do not consider during these processes
  • An overview of the timeline of a typical 363 sale
  • How to identify the debt instruments most likely to receive equity in a reorganizing business

Watch the video highlights

What factors should management teams take into account if reorganizing via chapter 11?

What are the key differences between a 363 sale and a chapter 11 plan in the context of chapter 11 exit strategies?

How are claims in a 363 sale and a chapter 11 plan treated differently?

What are the key differences between 363 sales and out-of-court M&A transactions?

What are the key challenges around due diligence relative to distressed assets?

Do you anticipate an active market of buyers?

How can organizations take advantage of a ‘loan-to-own’ approach?

What are the key factors in credit bidding secure claims?

What is the best way to manage different motivations during restructuring negotiations?

How can debtor-in-possession financing be used in a loan-to-own strategy?

What observations has Skadden made since the COVID-19 pandemic began?

Watch the full video


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Tombstone: Westinghouse

USD4.6 billion

Westinghouse has been acquired out of Chapter 11 bankruptcy by Brookfield Business Partners for USD4.6 billion.
Tombstone: Waypoint Leasing Holdings

USD650 million

Waypoint Leasing Holdings
Waypoint Leasing Holdings has been acquired out of Chapter 11 bankruptcy by Macquarie Group for USD650 million.
Tombstone: Sears

USD9.7 billion

Sears and related assets have been acquired out of Chapter 11 bankruptcy by ESL Investments for USD9.7 billion.
27 July 2020