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Plan Ahead: Third Circuit Denies Tax Exemption for Asset Sales Made Before Chapter 11 Plan

It has been often said that Chapter 11 of the Bankruptcy Code can be summarized as the "Three Rs," precisely "reorganize, restructure, and rehabilitate." In practicality, this includes steps such as "reducing headcount," (firing people, without the euphemism), streamlining operations, reordering debt, and so on. One of the most critical components of such lifesaving steps is the divestiture of assets, in plain English, selling off assets that are either unprofitable and unwanted burdens or those items that can fetch high prices that can add quickly to the cash reserves of a troubled company.

22 minute read September 01, 2003 at 08:34 PM
By
A. Michael Sabino and Michael J. Abatemarco
Plan Ahead: Third Circuit Denies Tax Exemption for Asset Sales Made Before Chapter 11 Plan

It has been often said that Chapter 11 of the Bankruptcy Code can be summarized as the “Three Rs,” precisely “reorganize, restructure, and rehabilitate.” In practicality, this includes steps such as “reducing headcount,” (firing people, without the euphemism), streamlining operations, reordering debt, and so on.

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