Opportunistic Acquisitions: The Risks and Benefits of Buying Assets Through Bankruptcy in 2015

Henry Jaffe is a partner in the Corporate Restructuring and Bankruptcy Practice Group of Pepper Hamilton LLP, resident in the Wilmington office.

Mr. Jaffe represents various types of clients in bankruptcy matters, including debtors, trustees, creditors’ committees, as well as secured, unsecured and administrative claimants.  He has defended and prosecuted numerous avoidance actions throughout the country and assisted creditors with various issues including complex executory contracts and leases.  Mr. Jaffe has also been counsel for receivers in federal and state receivership actions,

Mr. Jaffe is a frequent author and lecturer.  For over a decade he has co-authored the article covering recent case developments on preferences for Norton’s Annual Survey of Bankruptcy Law.  He also published a feature article in Law 360 and authored the chapter on Delaware state court receiverships in the treatise Strategic Alternatives For and Against Distressed Businesses.

David Berliner is a Partner in BDO Consulting with more than 25 years of experience in matters involving business restructurings, bankruptcy & insolvency, bankruptcy litigation and forensic investigations. He has been involved in bankruptcies and work-out situations representing unsecured creditors, debtors, and lenders, various bankruptcy litigation matters and has provided testimony at depositions and in bankruptcy court.

Mr. Berliner has significant experience in bankruptcy and restructuring matters involving the retail, manufacturing, distribution and service industries. He has served as financial advisor in numerous matters including Furniture Brands, Quizno’s, Solyndra, Reader’s Digest, American Home Mortgage, Pillowtex, KB Toys, NHL / Buffalo Sabres, and Daewoo Motors America. Mr. Berliner is also a leader of the Retail and Consumer Products practice at BDO and frequently contributes to the BDO Consumer Business Compass Blog.

Rachel Jaffe Mauceri is Of Counsel with Morgan, Lewis & Bockius LLP, resident in the firm’s Philadelphia office.

Rachel counsels clients on all areas of corporate insolvency. Her practice spans corporate bankruptcies and workouts, and includes debtor-in-possession financing, bankruptcy litigation, creditors’ rights, the purchase and sale of assets out of bankruptcy, and other aspects of bankruptcy and reorganization. Rachel’s clients include debtors, financial institutions, indenture trustees, secured and other creditors, potential acquirers, and other significant parties in interest.

Rachel has lectured and written on current issues in bankruptcy and restructuring.  Most recently, she co-authored a chapter for Aspatore Books’ Inside the Minds series highlighting decisions of interest in 2014.  Rachel also sits on the board of the Consumer Bankruptcy Assistance Project.