#7 Pre-Packaged Bankruptcy & 363 Sales: Investor Strategies That Work
In this episode, bankruptcy attorney Mary Elizabeth Heard explains how pre-packaged bankruptcies and 363 sales allow investors to unlock value in distressed assets through strategic restructuring. Listeners learn to spot opportunities and acquire assets free of liens for greater investment upside.
Pre‑Packaged Bankruptcy & Restructuring for Investors
Distressed markets reward the informed. In this episode, we decode pre‑packaged bankruptcy, restructuring strategies, and the 363-sale process — powerful tools for investors seeking clean‑title acquisitions and accelerated deal flow. Bankruptcy attorney Mary Elizabeth Heard joins us to simplify complex processes into actionable investor strategies. You’ll learn how to negotiate with creditors, leverage the automatic stay, and structure bids that win. This is your blueprint for turning market dislocation into opportunity.
Takeaways
- Pre‑Packaged Bankruptcy Advantage – Negotiate with creditors before filing to secure faster approvals and preserve asset value.
- Restructuring Beyond Bankruptcy – Reorganize debt, assets, or operations without public court proceedings to reduce cost and reputational risk.
- Automatic Stay as a Strategic Tool – Use it to halt creditor actions and buy time for deal execution.
- Lessons from the Great Recession – How inflated valuations and covenant breaches created investor opportunities.
- 363 Sales for Clean Title Assets – Acquire property or enterprises free of liens, reducing post‑acquisition risk.
- Stalking Horse Bidders – Set price floors and secure breakup fees while positioning for competitive auctions.
- Bankruptcy as a Creative Process – View it as a rebirth mechanism for distressed businesses, not just an end.
Chapters
00:00 Understanding Pre Packaged Bankruptcy – How pre packs work, creditor negotiations, and expedited court approvals.
06:24 The Broader Concept of Restructuring – Debt reorganization, operational shifts, and avoiding public filings.
11:45 The Impact of the Great Recession on Restructuring – Market lessons and investor takeaways from inflated valuations.
16:53 The Importance of a Sound Bankruptcy Process – Why it fuels economic vibrancy and innovation.
22:47 Exploring 363 Sales in Bankruptcy – Clean title transfers, auctions, and stalking horse strategies.
30:49 The Creative Process of Bankruptcy – From “wolf at the door” to strategic rebirth.
Credits
Sponsored by Real Advisers Capital, Austin, Texas
If you are interested in being a guest, please email us.
Disclaimers
“This production is for educational purposes only and is not intended as investment or legal advice.”
“The hosts of this podcast practice law with the law firm, Ferguson Braswell Fraser Kubasta PC; however, the views expressed on this podcast are solely those of the hosts and their guests, and not those of Ferguson Braswell Fraser Kubasta PC.”
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Mary Elizabeth Heard, Esq.
Member at Grable Martin PLLC
Mary Elizabeth’s practice focuses on all aspects of bankruptcy, restructuring, and real estate.
She has significant experience representing creditors, business debtors, and court appointed professionals. Because of her real estate acumen, she is especially interested in representing debtors in single asset real estate bankruptcy cases as well as any case or situation where real estate matters are paramount.
Mary Elizabeth has real estate experience including loan document preparation on behalf of lenders. She also has significant experience in ad valorem tax practice and in all aspects of collections through bankruptcy, foreclosures, and litigation.
Mary Elizabeth takes great pride in her personal service and ability to move seamlessly between originations and then state and bankruptcy courts in collection matters so that her clients may rest assured that their interests are always represented and that no one slips through the cracks.
