Distressed Loan Sales

We have the capabilities to assist you or your business with the purchase and sale of commercial loans and assets securing loans. We prepare the loan sale agreements, perform due diligence, negotiate the terms of the sale agreements and handle the closing. In addition, we represent purchasers of distressed loans. We perform the same functions as with a sale but with an emphasis on the due diligence regarding the loan documents and the collateral to insure that our clients are receiving that they contemplated receiving, both in terms of documentation, perfection of liens and collateral.

We can also assist entities in bankruptcy that have sold their assets through a Section 363 sale process. This process allows debtors to sell assets free and clear of liens and encumbrances. We can also assist the purchasers of these assets. In these instances, we add value to the transaction by not only negotiating the asset purchase agreement and drafting and reviewing all of the relevant transaction documents, but also reviewing the pleadings filed in the bankruptcy proceedings. This may include court orders approving the sale and bidding procedures, to insure that our client understands the process, considers all contingencies and has the best possible opportunity to be the successful bidder at an auction sale.