Trusted Advisers for Businesses and Corporations

Distressed Acquisitions

Lawrence Kamin is regularly called upon to structure and effectuate acquisition transactions involving distressed businesses for clients. While risks abound for purchasers looking to acquire businesses in distress, unique opportunities for strategic buyers and equity funds alike can often be found with proper counsel on appropriate methods of due diligence, accurate risk assessment and allocation, and effective negotiation. Our attorneys are well qualified to offer prudent counsel in these areas as to what may benefit the client most—whether it be to close the acquisition or move on to the next deal.

Lawrence Kamin attorneys have represented purchasers and financial intermediaries in distressed acquisitions in a wide variety of circumstances: transfers from insolvent debtors, dispositions by secured creditors, sales by receivers and the more typical bankruptcy sale. In each case, our attorneys leverage broad knowledge and capabilities for handling business insolvency, mergers and acquisitions, debt and equity financing, methods for due diligence and financial analysis, and tax planning to effectively address all aspects of an intended acquisition.

Frequently, the acquirer has the option of selecting the form of structure or process for the acquisition of a business or assets from a company in distress. Lawrence Kamin attorneys have successfully negotiated with company management, debtors in possession, creditors’ committees, trustees and receivers to arrive at the most effective, protective and cost-saving sale process possible. We have extensive experience negotiating and formulating sale and bidding procedures, preparing and carrying out “stalking horse” bids and preparing and enforcing §363 sale orders in bankruptcy cases around the country. Our attorneys also have experience structuring sales through UCC dispositions, assignments for the benefit of creditors and receivership proceedings.

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