Dealing with Distressed Entities: A Primer for the Healthy!

Increased interest rates, high inflation, still recovering supply chains, high-profile companies announcing layoffs and bank failures have all resulted in economic forecasting of a potential slowdown. Bankruptcy filings are ticking up and many financially healthy entities may find themselves dealing with distressed suppliers, customers or other contract counterparties both in and out of court processes. In addition, market distress can provide strategic opportunities for those in the market interested in asset or business-line acquisitions.

Please join us as Faegre Drinker attorney Mike Gustafson and Candice Korkis, senior counsel and vice president at BMO Financial Group, provide an overview of bankruptcy and distressed entity matters. This presentation will address:
•    How to detect distress in your suppliers, customers and counterparties
•    How to approach continuing working relationships with these distressed entities and proactively protect yourself
•    How to engage should one file for bankruptcy, including continuing to work with the bankrupt entity and maximizing your recovery from the bankruptcy
•    How asset, business line or full company sales work in bankruptcy (aka “363 Sales”)
•    How to act as a bidder and buyer of assets in a bankruptcy, including the “stalking horse” position