TMA Central Texas: UCC Article 9: Extracting Business Value from Distress

As a streamlined alternative to bankruptcy or ABCs, a strategic UCC Article 9 short-sale of business assets can resolve and relaunch a business operation, predictably and efficiently, requiring only the consent of the senior creditor and defaulting borrower. Through a senior lender’s Article 9 sale of ‘in-use’ assets, an uninterrupted and unencumbered business operation can be passed into a new legal entity, under new ownership.

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