Self-study: Buying Assets from a Bankrupt Estate, §363

Program description—This AIRA self study resource is intended to provide participants with the latest information they may need regarding the §363 process. Topics include: Benefits to Stalking Horse Buyers, Becoming a Stalking Horse Bidder, Negotiating the Stalking Horse Asset Purchase Agreement, Stalking Horse Buyer Protections, Bidding Procedures, Motion for §363 Sale, the Auction Process and Post-Auction Activities.


Moderator: Finbarr T. O'Connor, CIRA, Executive Director—Restructuring, Capstone Advisory Group
Speakers: Stuart Erickson, Miller Buckfire
Scott Talmadge, Kaye Scholer

Learning objectives—Specifically, the presenters will address the following learning objectives for participants and provide an opportunity to have questions answered:

  • Define what constitutes a §363 sale.
  • Identify the key stages of the typical §363 purchase process.
  • Describe the benefits to the stalking horse buyer in a §363 Sale.
  • Explain how to become a Stalking Horse Bidder.
  • Compare and contrast negotiating requirements of the buyer and debtor.
  • Identify common protections often demanded by stalking horse buyers.
  • Describe the major procedures involved in the bidding process.
  • Explain the implications of a motion for§363 sale.
  • Identify key rules related to over bidders and qualifying bids.
  • Describe the format and major steps of the auction process.
  • Explain what takes places in the following post auction procedures:
    sale hearing, court approval, deposits and closing.
Price $65
CPE Credit Recommended, 1 CPE Credit hour(s), field of study—Finance - Technical;
Knowledge level Basic: Most beneficial to CPAs and other financial advisors new to a skill or attribute, including individuals at staff or entry level in an organization as well as seasoned professionals with limited exposure to the area.
Additional Info Online registration and payment of fee will allow materials to sent to the participant’s email address and the participant must submit request for CPE credit after completing the requirements (instructions enclosed with materials). Presenters’ PowerPoint slides for reference are included with materials. If unable to register online, participants may call AIRA’s office at (541) 858-1665 to order.
Format Digital Materials
Prerequisites None
Advance prep None

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Requests for refunds must be received within 10 days after receipt of course subject to a $25 cancellation fee and return of all materials in good condition.

Question Resolution

For assistance regarding refunds, program cancellations, or other program related matters, please contact our offices at (541) 858-1665 or by email

National Registry of CPE Sponsors

Association of Insolvency & Restructuring Advisors (AIRA) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of Continuing Professional Education (CPE) for group training on the National Registry of CPE Sponsors.

NASBA CPE Credits are made available and awarded for AIRA group training that complies with the Statement on Standards for CPE Programs. In accordance with these Standards, relevant group training details are disclosed to learners in advance via email invitations, registration websites, or other similar advance announcements.

AIRA’s CPE Sponsor ID Numbers:

  • NASBA National Registry: 103243
  • Texas State Board of Public Accountancy: 003242

Complaints regarding NASBA National Registry CPE Sponsors may be submitted to NASBA via their website, State boards of accountancy have final authority on the acceptance of CPE Credits for Certified Public Accountants (CPAs).