Distressed transactions in bankruptcy court have become big business. Sales under Section 363 of the bankruptcy code provide predictability and reliability (in the form of a court order delivering “free and clear” assets) under even the most turbulent of circumstances. Commonly known simply as “363 sales,” these transactions can provide an opportunistic purchaser with significant upside under the right circumstances. But the truly opportunistic buyer will need to buckle up and be prepared to move with lightning speed in a highly competitive and transparent forum.

The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the corona virus-related surge in filings witnessed in 2020. Will this trend continue? Or will bankruptcy filings pick up as more businesses struggle to recover from the effects of the pandemic? Joining me to explore the 2021 bankruptcy trends in the business world is bankruptcy attorney and expert Ori Katz. Ori shares his insight on the intricacies of business bankruptcies and the popular 363 bankruptcy sales.

Putting it Into Practice: Companies looking to navigate the fast-paced world of 363 sales should buckle up for a turbulent, intense and (potentially) very rewarding experience, where the nimble acquirer can purchase assets in deeply troubled circumstances while leaving behind liabilities that would otherwise be associated with such assets.