Determining Whether or Not To Seek Court Approval of a Sale in a Delaware Assignment for the Benefit of Creditors Case

December 30, 2024

Publication| Bankruptcy & Corporate Restructuring

For many small insolvent companies, an assignment for the benefit of creditors (ABC) can be more attractive than a federal bankruptcy case to maximize value and sell or liquidate a business. Depending on the state — this article will focus on Delaware ABCs — special rules may apply that can make an ABC more or less preferable, especially in an asset sale.

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