Acquiring Distressed Assets

From time to time, individual entrepreneurs or corporate entities wish to acquire assets whose owner is insolvent or has significant financial problems. This may take place whether or not the asset seller is a debtor in bankruptcy. A purchaser may require the insolvent seller to commence a bankruptcy case and sell the assets pursuant to a court order in bankruptcy, in order to ensure that the assets are free and clear of all liens and encumbrances. Outside of bankruptcy, the purchaser needs to take special care to ensure that the assets do not come burdened with creditor claims. A variety of strategies may be employed in order to acquire the assets in the best manner and for the lowest price.

James Olson has represented purchasers seeking to bid at asset sales conducted in large Chapter 11 cases involving intellectual property rights, ongoing business operations, real estate leases and other types of property. Mr. Olson has also represented purchasers outside of bankruptcy, who have acquired assets from failing businesses, or who have acquired distressed real estate.