Distressed M&A

Weil regularly delivers clients unparalleled expertise in connection with the sale or acquisition of distressed companies whether in-court or out-of-court.  Weil has extensive experience in distressed buyouts, chapter 11 plan sponsorships, and sales under section 363(b) of the Bankruptcy Code. Purchasing a company and/or acquiring large amounts of its debt can yield substantial returns, whether done through a direct acquisition, becoming a chapter 11 sponsor, or a 363 sale. Weil has applied its more than 45 years of experience with restructurings to assisting buyers and sellers of distressed companies. For a description of significant seller representations in distressed M&A transactions, see Debtor Representations.
For more than four decades, Weil helped define distressed M&A in the United States and abroad.  By offering creative, practical, and thoughtful solutions, Weil ensures that clients achieve the most effective counsel regarding the complex issues associated with distressed M&A transactions.  Weil’s attorneys work together seamlessly to provide sophisticated advice on tax structuring, financing, securities law requirements, antitrust and other regulatory approvals, and, of course, bankruptcy/creditors’ rights issues.

Weil’s extensive experience in this area extends to representing institutional and strategic purchasers of assets of troubled companies in distressed out-of-court M&A transactions as well as bidders in sales conducted under the Bankruptcy Code, including the special requirements, issues, and pitfalls related to these transactions (e.g., successor liability; bidding strategies, procedures, and protections; and tax structure).

Selected Representations

Chapter 11 Plan Sponsorships


CCMP Capital Advisors

TH Lee

The Gores Group


VF Corporation

Whippoorwill Associates Inc.


Section 363(b) Sales

CCMP Capital Advisors

Whippoorwill Associates Inc.

China Aviation Industry General Aircraft Co., Ltd.


Retail Consortia

Shortcut Links

Weil received M&A Deal of the Year for its representation of Apple in the winning $4.5 billion section 363 auction bid for then-bankrupt Nortel Network’s portfolio of 6,000 patents covering a range of wired, wireless and digital communication technologies.

IFLR Americas Awards

The Weil Bankruptcy Blog contains developments on the restructuring world from our Business Finance & Restructuring team. The Bankruptcy Blog's comprehensive analysis is widely respected in the industry, and was the only bankruptcy-related blog to be included in the 6th Annual ABA listing of the top 100 legal blogs. The European Restructuring Watch presents views from Weil's European teams.