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The Bankruptcy StrategistFeaturesBankruptcyLitigationMergers and Acquisitions

Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders

By Joel H. Levitin and Richard A. Stieglitz Jr.
July 01, 2022

It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses.

Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy. Increased bankruptcy M&A activity also should provide attractive opportunities for lenders. In many situations, these transactions may be more attractive than non-bankruptcy financings, because the buyer should be able to assume only very specific and limited liabilities of the target. Although bankruptcy may add complexities and procedural issues, lenders generally should be able to minimize any associated risks by following the recommendations below.

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