Can You Keep a Secret?

Your corporate client is considering buying a Chapter 11 debtor’s assets in bankruptcy. However, your client doesn’t want its competitors or the market to know about its interest. You need a confidentiality agreement that is used in Section 363 sales.

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Related Content

• Section 363 Sale Procedures, Hearings, Orders, and Appeals
  See this practice note for a discussion of the process for the sale of assets under Section 363(b) of the Bankruptcy Code.

• Buyer’s Considerations in a Section 363 Sale Checklist
  Use this checklist when representing purchasers in sales under Section 363.

• Differences in Asset Purchase Agreements for Section 363 Sales
  Review this practice note to understand the differences between asset purchase agreements entered into outside of bankruptcy and as part of a Section 363 sale.

• Auction and Bid Procedures (Debtor)
  Use this form when selling assets through an auction process under Section 363.

Practical Guidance Updates

Featuring the latest updates from your Practical Guidance account.

• Voting Right Assignment Unenforceable, but Subordinated Creditor Lacked Standing to Participate in Chapter 11 Plan Confirmation Process
• U.S. Bankruptcy Court Refuses to Enforce Order Approving Indonesian Debt Restructuring Plan due to Third-Party Releases
• The Practical Guidance Journal Summer 2021 Edition
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts. 

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