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Restructuring, Insolvency & Bankruptcy

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Services & Industries >> Restructuring, Insolvency & Bankruptcy >> Purchasers of Distressed Assets

Purchasers of Distressed Assets

Distressed businesses often present savvy investors with unique opportunities, including the purchase of debt owed by the distressed business, the purchase of some or all of the assets of the business, and the formation of other strategic combinations with the distressed businesses. Allen Matkins helps investors explore these opportunities. We assist with: 

  • Expectation and planning: what are the realistic, achievable outcomes, and how do they compare to the client's goals 
  • Evaluation of risks: timeline, costs, litigation concerns such as fraudulent transfer, and successor liability 
  • Acquisition structures, including acquisition or combination through target's bankruptcy (including lock-up agreements, 363 sales and bid procedures and protections, and funding mechanisms for the case and the plan of reorganization)

We also specialize in representing buyers and sellers of commercial real estate loans, especially buyers of large portfolios of nonperforming loans, in a broad range of areas:

  • We help clients understand the business and other practical issues in a workout, modification or foreclosure 
  • We provide strategic and tactical assistance regarding the exit strategy for an asset (including prompt resale, long-term hold of the debt, acquisition of the underlying collateral, and disposition or development of the property) 
  • We assist our clients in their management of the portfolio, especially in dealing with a large number of loans (we are experts at making quick initial assessments, and we can transition quickly into matters that may already have deadlines and provide standardized reporting as the work progresses) 
  • We represent our clients in deed-in-lieu-of-foreclosure transactions, non-judicial foreclosures, judicial receiverships and other litigation