Bankruptcy & Restructuring

Distressed Asset Acquisition

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A corporate restructuring and bankruptcy blog.
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Robert Gayda Named Number One Author in JD Supra’s 2026 Readers’ Choice Awards Bankruptcy Category
February 25, 2026
Low-angle view of tall, light-colored buildings framing a clear blue sky, with a dark church spire and modern glass buildings visible in the background.
Back in the Black Blog
A corporate restructuring and bankruptcy blog.
A dark blue graphic with the title 'Back in (the) Black' and 'A SEWARD & KISSEL BLOG' on the left, diagonally split with a view of city skyscrapers against a blue sky on the right.
News
Robert Gayda Named Number One Author in JD Supra’s 2026 Readers’ Choice Awards Bankruptcy Category
February 25, 2026
Low-angle view of tall, light-colored buildings framing a clear blue sky, with a dark church spire and modern glass buildings visible in the background.
Back in the Black Blog
A corporate restructuring and bankruptcy blog.
A dark blue graphic with the title 'Back in (the) Black' and 'A SEWARD & KISSEL BLOG' on the left, diagonally split with a view of city skyscrapers against a blue sky on the right.
News
Robert Gayda Named Number One Author in JD Supra’s 2026 Readers’ Choice Awards Bankruptcy Category
February 25, 2026
Low-angle view of tall, light-colored buildings framing a clear blue sky, with a dark church spire and modern glass buildings visible in the background.
Back in the Black Blog
A corporate restructuring and bankruptcy blog.
A dark blue graphic with the title 'Back in (the) Black' and 'A SEWARD & KISSEL BLOG' on the left, diagonally split with a view of city skyscrapers against a blue sky on the right.

Overview

Distressed asset sales often require speed, precision, and a clear understanding of competing interests.

Seward & Kissel represents investors seeking to acquire assets in distressed situations, including transactions conducted under the Uniform Commercial Code and Section 363 of the Bankruptcy Code. The firm also advises parties with differing interests that are evaluating, and in some cases challenging, proposed sale processes. 

Drawing on experience representing both purchasers and other stakeholders, Seward & Kissel brings practical insight into the strategies and motivations of distressed asset buyers and sellers, as well as the perspectives of other interested constituencies. This balanced experience informs advice that is grounded in how these transactions unfold in practice. 

Capabilities

Representative Work

  • Kelham Vineyard. Represented stalking horse in section 363 sale of wine inventory.
  • Blue Harvest. Represented secured lender in chapter 7 liquidation of collateral.
  • Article 9 Acquisitions. Represented multiple lenders in acquisition of collateral through Article 9 foreclosure process, including structuring transaction to ensure a going concern.
  • Whittier Seafoods. Represent investment bank in connection with sale of substantially all Debtors’ assets pursuant to section 363.
  • Vintage Wine Estates. Represent prospective purchaser of wine inventory in section 363 sale process.
  • RAM Telecom. Represent receiver in disposition of subsea cable assets through Delaware Chancery Court approved sale process.
  • Paragon/Prospector Offshore. Representing an entity purchasing the shares of an offshore drilling company in a tender offer conditioned on the completion of the acquisition of
  • drilling rig assets subject to the Chapter 11 bankruptcy proceeding of an affiliate.
  • Toisa Limited. Representing two separate secured lenders in a precedential shipping industry section 363 sale process, including the negotiation of sale procedures and sale price allocation methodology.
  • Primorsk. Representing a potential purchaser of tanker vessels in the section 363 bankruptcy sale process of a shipping company.
  • Weinstein Television. Representing a counterparty to a distribution agreement with a Weinstein entity in connection with the sale of Weinstein’s assets to Lantern Entertainment and the effect of that sale on the client’s rights.
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