India: Section 363 Bankruptcy Sale Checklist for Cross-Border Transactions

By: Akil Hirani, Legal Project Management Initiative of the ABA BLS M&A Committee

Explanatory Note: This Legal Project Management Tool is a checklist of important items to consider in connection with the sale of a distressed company pursuant to Section 363 of the U.S. Bankruptcy Code. Such sales present special challenges since they are conducted on a fast-track basis and often but not always in an open setting before a bankruptcy court judge. Many of them involve assets that are located in foreign countries. This checklist is offered as a guide for cross-border and U.S. transactions involving such assets and has been thought out specifically for practitioners.
Please refer to M&A Pre-Deal Document No. 1 in Using Legal Project Management in Merger and Acquisition and Joint Venture Transactions: A Guidebook for Managing Deals Efficiently and Effectively, Third Edition (Byron S. Kalogerou and Dennis J. White, eds.) for more general deal topics that should also be considered in a Section 363

This is premium content for:

ABA Business Law Section Members.

Please log in or join the Business Law Section to read this full article.

For more information about joining the Section, click here.


Connect with a global network of over 30,000 business law professionals


Login or Registration Required

You need to be logged in to complete that action.