Ben Beller, Partner at Sullivan & Cromwell LLP
Ben Beller, Partner at Sullivan & Cromwell LLP, joins the podcast to walk through how companies can strategically navigate bankruptcy and restructuring during M&A. Drawing from experience on major cases like FTX and Silicon Valley Bank, Ben shares practical insights into Chapter 11 processes, planning strategies, liability management transactions, and how buyers can successfully acquire distressed assets. A must-listen for corporate development professionals, acquirers, and M&A legal teams looking to build competency around distressed transactions.
Things you will learn:
-
The differences between Chapter 7, 11, and 13 bankruptcies and when to use each
-
How liability management transactions work and their growing role in restructuring
-
What buyers need to know about acquiring businesses in bankruptcy
_______________
What is the Buyer-Led M&A™ Virtual Summit This isn't just another webinar—it's an interactive experience designed to give you the tools and strategies to lead your M&A deals with confidence. This half-day event brings together corporate development leaders and M&A experts to explore Buyer-Led M&A™, showing how you can take control of every stage of the deal. Register Now
________ This episode is sponsored by FirmRoom. The World's Most Intuitive Virtual Data Room With AI Contract Analysis No Per-Page Fees. No B.S. Just Smarter, Faster Deals.
Get started with your free trial today! ________
Episode Timestamps:
[00:04:00] Ben Beller's background and major bankruptcy cases (FTX, SVB, Mallinckrodt)
[00:07:30] Chapter 7 vs. Chapter 11 – key differences
[00:11:30] Signs companies should begin planning for bankruptcy
[00:14:00] Prepackaged vs. prearranged vs. freefall bankruptcies
[00:17:30] Importance of lender relationships and communication
[00:22:00] Role of private credit and debt trading in distressed situations
[00:28:00] Liability management transactions explained: dropdowns, up tiers, and more
[00:35:00] Trends in liability management and how they defer bankruptcy
[00:41:00] M&A in bankruptcy: How buyers can seize opportunities
[00:46:30] Understanding stalking horse bids and auction dynamics
[00:54:30] Common mistakes in buying businesses out of bankruptcy
[01:01:00] Bankruptcy reform trends and cost implications
