"Key Considerations in Distressed M&A Transactions," VC Experts, Inc., March 2009; Corporations Committee E-Bulletin (Business Law Section of the State Bar of California), March 2009; Association for Corporate Growth (ACG), February 2009; Orange County Business Journal

While there are a number of options for structuring acquisitions both in and out of bankruptcy, each with its own advantages and disadvantages, this article highlights a few of the more significant concerns for buyers and sellers in the acquisition of assets from a distressed company outside of the bankruptcy court process.