Section 363 - Publications - Faculty & Research - Harvard Business School

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February 2014 (Revised March 2022)
Case

School Specialty, Inc.

By: Stuart C. Gilson and Kristin Mugford

Set in 2013, School Specialty was a financially troubled supplier of educational products to primary and secondary schools in the United States. The company planned to file Chapter 11 in order to address its excessive debt load, but needed to arrange... View Details

Keywords: School Specialty; Bankruptcy; Section 363; Financing; Chapter 11; Capital Structure; Financing and Loans; Insolvency and Bankruptcy; Distribution Industry; Education Industry; United States

March 2010 (Revised May 2010)
Case

Chrysler's Sale to Fiat

By: C. Fritz Foley, Lena G. Goldberg and Linnea Meyer

This case provides students with an opportunity to analyze the restructuring of Chrysler in the midst of the financial crisis of 2008–2009. It describes how debtors can use section 363 of the U.S. Bankruptcy Code to sell assets quickly. It allows for discussion of who... View Details

Keywords: Mergers and Acquisitions; Restructuring; Financial Crisis; Insolvency and Bankruptcy; Laws and Statutes; Business and Government Relations; Sales; Auto Industry; United States

February 2003 (Revised January 2004)
Case

International Steel Group

By: Paul W. Marshall and Todd H Thedinga

Profiles veteran investor Wilbur L. Ross, Jr.'s plan to turn around the aging steel assets of LTV, formerly America's second largest integrated steel producer. Purchasing several key assets from LTV under Section 363 of the Bankruptcy Code, Ross is able to acquire the... View Details

Keywords: Corporate Entrepreneurship; Strategic Planning; Lawfulness; Labor Unions; Organizational Culture; Agreements and Arrangements; Global Strategy; Assets; Steel Industry; United States

July 2007 (Revised May 2008)
Case

Cable & Wireless America

By: Guhan Subramanian and Eliot Sherman

Describes the auction of Cable & Wireless America (CWA), a bankrupt subsidiary of the British telecommunications company Cable & Wireless. While an initial "stalking-horse" bid valued the assets at $125 million, after a long day and night of bidding between eight... View Details

Keywords: Mergers and Acquisitions; Insolvency and Bankruptcy; Auctions; Bids and Bidding; Negotiation Process

20 Jul 2021
Research & Ideas

Bankruptcy Spells Death for Too Many Businesses

reorganization, managers can steer firms into liquidations that harm junior creditors, employees, and customers. Under Section 363 of the US Bankruptcy Code, judges may grant that request without creditor... View Details

Keywords: by Rachel Layne

28 May 2020
Research & Ideas

Coronavirus Could Create a 'Bankruptcy Pandemic'

challenged (so-called “Section 363 sales”); and obtain new debt financing that ranks on par with or ahead of the firm’s existing debts (“debtor-in-possession” or “DIP” financing, covered by Section 364 of... View Details

Keywords: by Dina Gerdeman; Financial Services; Banking

25 Mar 2013
Research & Ideas

How Chapter 11 Saved the US Economy

can frustrate attempts to restructure out of court," Gilson writes. Companies also increasingly using Chapter 11 to expeditiously sell off assets. Section 363 of the US Bankruptcy Code allows a bankrupt... View Details

Keywords: by Kim Girard; Financial Services

22 Jun 2010
First Look

First Look: June 22

the restructuring of Chrysler in the midst of the financial crisis of 2008-2009. It describes how debtors can use section 363 of the U.S. Bankruptcy Code to sell assets quickly. It allows for discussion of... View Details

Keywords: Martha Lagace

20 Feb 2013
Research & Ideas

Big Deal: Reflections on the Megamerger of American and US Airways

selling assets, generating additional cash for the company and giving it more flexibility to restructure its operations. Under Section 363 of the Bankruptcy Code, assets can be sold by a court order, without... View Details

Keywords: Re: Rosabeth M. Kanter & Stuart C. Gilson; Air Transportation

03 Jun 2014
First Look

First Look: June 3

from its existing term loan lender that includes some aggressive and unusual features. This includes the requirement that, immediately upon filing for Chapter 11, School Specialty undertake to sell its assets under Section View Details

Keywords: Sean Silverthorne

02 Oct 2007
First Look

First Look: October 2, 2007

bidding process. Describes these events in detail, while providing information for students on CWA's history, the nature of Section 363 auctions, and the bidders who were involved in the process. Purchase... View Details

Keywords: Martha Lagace

07 Aug 2007
First Look

First Look: August 7, 2007

providing information for students on CWA's history, the nature of Section 363 auctions, and the bidders who were involved in the process. Purchase this case:... View Details

Keywords: Martha Lagace

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