1906002 Informal Interpretation

Date:

Tags:

Rule:
Item 5, Bankruptcy
Staff:
Karen Berg
Response/Comments:

No notice is required. Respond to the overlap section to the best of the filer’s knowledge and belief.

Question

From: Berg, Karen E.


Sent: Wednesday, June 19, 2019 9:20:09 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Bankruptcy

[Redacted]

No notice is required. Respond to the overlap section to the best of the filer’s knowledge and belief.

Karen

From: [Redacted]

Sent: Wednesday, June 19, 2019 9:12:26 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Bankruptcy

Dear All,

For an HSR filing in connection with a bankruptcy proceeding under 11 U.S.C. 363(b), does the possible buyer need to send any notice to the DIP/trustee? Also, how do we address the overlap section if we are not in communication with the DIP/target to identify the overlap NAICS? Thank you.

 

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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