HIST 3305 Lecture 6: (L)ma-outline-mergers-acquisitions (dragged)
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The ninth ave remedial group v. allis-chalmers corp. (n. d. ind. 1996: facts: defendant purchased assets from, a company that was in chapter 11. The bankruptcy court had approved the sale free and clear of all liens, claims, taxes, encumbrances, obligations, contractual commitments, and interests, pursuant to 363(f). It later turned out that the company had dumped waste at a site and was liable under. Distributing prohibited | downloaded by cfisd center (cfisdcenter@gmail. com) lomoarcpsd|2520155 present or future) to override. Schmoll v. ac&s, inc. (d. ore. 1988: facts: case involved a seven-step transaction to separate asbestos liability from the more profitable divisions of a large firm. The essence of the deal is an asset sale of the asbestos division to a litigation management group in exchange for an unsecured note: issue: can the firm get away with this, holding: no. The district court objects on the grounds that it elevates form over substance.
