1709010 Informal Interpretation

Date:

Tags:

Rule:
801.11(e), 802.63
Staff:
Diana Gillis
Response/Comments:

correct

Question

correct

From: [Redacted]

Sent: Friday, September 22, 2017 11:39 AM

To: Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Shaffer, Kristin; Sheinberg, Samuel I.; Whitehead, Nora; Carson, Timothy

Subject: Bankruptcy Question

Kate and Team,

Please confirm my understanding that a debtor in a bankruptcy proceeding is its own UPE and that, in the context of an acquisition pursuant to Section 363, either the Chapter 11 bankruptcy trustee or the debtor‐in‐possession, as applicable, files and signs the HSR report and affidavit on behalf of the debtor.

Thank you.

[Redacted]

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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