Bankruptcy & Restructuring News & Analysis — Conductor
A Right of First Refusal Meets a Whole-Company Sale
In Genesis Healthcare, a Texas bankruptcy court overruled a minority partner's effort to invoke a right of first refusal and carve a single 120-bed nursing home out of a Section 363 sale of roughly 175 facilities. The court rejected every argument the partner raised and rested on independent alternative grounds
The A&P v. McKesson Preference Opinions
Four memorandum opinions, issued together, show why mechanical payments survive a preference attack and why payments touched by creditor pressure do not
Project Sunshine: Freedom Forever Pivots From Survival to Sale
Two months after a decline in solar financing pushed one of the nation's largest residential solar installers into Chapter 11, the debtors have asked the Delaware court to approve a compressed, dual-path sale process. No stalking horse has been selected as of the filing date
The Seller That Wasn't: Enforcing a Sale Order When the Signature Page Falls Short
A Delaware bankruptcy court enforces a Section 363 sale after a contract counterparty argued that the debtor holding nearly all of the sold receivables was never a seller at all
Sleep Number's Section 363 Sale
An expedited asset sale anchored by a $415 million stalking horse bid, financed by a self-priming lender DIP, drawn against $672.5 million in secured debt, with a same-day objection from the U.S. Trustee already on the docket