BDO United States

BDO United States

Sale Under 363 of the Bankruptcy Code

Skilled Investment Banker And Advisor For Sale In Chapter 11; Over 25 Sales Under §363

A sale under §363 has become the generally preferred method to sell operating assets as a going concern -- free and clear of liens and encumbrances. BDO Capital has conducted over twenty-five §363 auctions selling literally hundreds of corporate entities. We are skilled at identifying a stalking horse bidder, negotiating the benchmark Asset Purchase Agreement, and arranging the terms and conditions of a stalking horse bid for approval by the bankruptcy court. Once engaged and approved by the court, BDO Capital will run a vigorous auction process to market-test the stalking horse in order to determine the highest and best alternative. The results of the process are then reported back to the bankruptcy judge, and we will assist the debtors and prevailing party achieve a "good faith" finding on the sale of assets. It is a complicated process, and officers and directors should find seasoned professionals to help them achieve success. BDO Capital has also provided assistance to other creditor constituencies to monitor and maximize the sale under §363 result.