Acquiring Distressed Businesses In US Chapter 11 Cases – Riding A ‘Stalking Horse’ Bid To Victory
The article examined the auction and sale of distressed business enterprises through the Bankruptcy Court pursuant to Section 363 of the U.S. Bankruptcy Code. The article provided guidelines for successfully managing a “stalking horse bid,” which “sets a floor value for the assets” of a distressed enterprise. It also discussed purchase agreements and bidding procedures.