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Distressed Loan & Asset Acquisitions

In today’s business environment, billions of dollars in debt and assets are purchased out of Chapter 11 bankruptcy estates each year. We frequently represent clients looking to acquire the business of an insolvent competitor or select distressed loans and assets available for sale through the bankruptcy process. Miles & Stockbridge lawyers have the business acumen, technical knowledge and referral networks to help our clients take advantage of the strategic opportunities presented by distressed loan and asset acquisitions.

We utilize corporate acquisition techniques to shape a purchase strategy that is advantageous to our client in the bankruptcy sale process. Our lawyers provide the appropriate due diligence on environmental issues, product liability successor claims, and other potential risks and costs, and factor them into our recommended purchase bid. We know how to work effectively with valuation experts, accountants, financial advisors and other professionals within the bankruptcy sale process for the benefit of our clients.

Distressed debt and asset purchases depend on deal-making savvy, but they also require thorough knowledge of the federal bankruptcy law, loan-to-own strategies and the various processes and practical considerations for asset sales within a bankruptcy case. We know investment bankers, brokers and financial institutions that have experience with distressed asset acquisitions, and understand their strategies. We focus on assisting our clients to craft a bid that includes features calculated to meet the needs of creditors and secure court approval.  Combining business knowledge with bankruptcy experience, Miles & Stockbridge helps our clients secure the competitive advantage  for successfully purchasing desirable assets out of bankruptcy.

We also represent financial institutions, government sponsored enterprises and other lenders in selling loan portfolios and debt instruments. Our services include conducting due diligence, performing document reviews and negotiating and drafting note sale agreements, assignment documents and confidentiality agreements.