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Model Asset Purchase Agreement for Bankruptcy Sales
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Description
Model Asset Purchase Agreement for Bankruptcy Sales ISBN 9781634258074
Using the Negotiated Acquisitions Committee’s 2001 Model Asset Purchase Agreement as a foundational reference, the Business Bankruptcy Committee developed a Model Asset Purchase Agreement for Bankruptcy Sales to address the unique features of transactions conducted in bankruptcy. Because bankruptcy sales differ in significant ways from non-bankruptcy transactions, this publication focuses on identifying and explaining those distinctions.
Rather than serving as a stand-alone agreement, the publication highlights provisions that commonly vary between bankruptcy and non-bankruptcy sales and explains why those differences exist. Commentary, teaching notes, and selected case law are included to provide context and guidance for practitioners navigating bankruptcy asset sales.
The publication intentionally omits provisions that generally do not differ between bankruptcy and non-bankruptcy transactions. For example, definitions such as “Assets” are excluded because they are typically identical in both contexts. Conversely, the publication includes sample provisions and language unique to bankruptcy sales—such as bid procedures, credit-bidding rights, and the treatment of executory contracts—that are not ordinarily found in non-bankruptcy asset purchase agreements.
Designed to be used in conjunction with another asset purchase agreement—particularly the Negotiated Acquisitions Committee’s 2001 Model Asset Purchase Agreement—this resource enables practitioners to assemble a comprehensive, flexible agreement tailored to bankruptcy sales. Together, these materials provide both practical drafting tools and a deeper understanding of the legal and strategic purposes underlying each provision.
Model Asset Purchase Agreement for Bankruptcy Sales ISBN 9781634258074, 978-1634258074 & 978-16342-58074
Details
- ISBN
- 9781634258074
- Publisher
- American Bar Association
- Publication Date
- February 2026
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