Does a Bankruptcy Proceeding Change the HSR Filing Process?Antitrust Byte September 27, 2018
If the bankruptcy process depletes the assets such that the transaction no longer meets the size-of-transaction threshold, an HSR filing is no longer required. Because this may be highly dependent upon deals and agreements made with creditors, in some cases, the size of transaction is difficult to ascertain until the buyer is approved by the bankruptcy court.
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