2005002 Informal Interpretation



Karen Berg

We agree that 802.63 is not available under these facts.


From: Berg, Karen E.

Sent: Friday, May 8, 2020 10:51:19 AM (UTC-05:00) Eastern Time (US & Canada)

To: [Redacted]

Cc: [Redacted]

Subject: RE: 802.63

We agree that 802.63 is not available under these facts.


From: [Redacted]

Sent: Thursday, May 7, 2020 12:14:37 PM (UTC-05:00) Eastern Time (US & Canada)

To: [Redacted]

Subject: 802.63

Dear All:

Does 802.63 apply to a credit bid by a parent to acquire assets out of bankruptcy from a debtor in possession of a subsidiary of the parent? I know that intra-person does not apply as the bankruptcy filing severs the chain of control. I did not find any interpretations on point and I assumed that 802.63 would not apply because the parent would not be viewed as a creditor who extended credit in a bona fide credit transaction to its subsidiary but I wanted to check to be sure.

I hope all are well.

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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