Facilitator Guide

Introduction to 363 Sales

Facilitator Guide

Introduction to 363 Sales

Topic: Restructuring
Duration: 1 hr
Format: Remote or in person

What’s covered

The definition of a 363 sale
The differences between 363 sales and Chapter 11 plan sales
Pros and cons of 363 sales vs. plan sales
Pros and cons of 363 sales vs. out-of-court sales

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/trainings/introduction-to-363-sales/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

Course

Introduction to 363 Sales

An introduction to 363 sales, focusing on the main differences between 363 sales, out-of-court sales, and Chapter 11 plan sales.
Exercise
PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

What is a 363 sale and how is it usually conducted?
What's the difference between a 363 sale and a Chapter 11 plan sale?
Why might a company prefer a 363 sale over a plan sale? Why not?
What are the benefits of a 363 sale over an out-of-court asset sale?
What are the drawbacks of a 363 sale vs. an out-of-court asset sale?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
General practice tips (dos and don’ts)
Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out the The 363 Sales Process, which provides more detail on the phases, process and timeline of a 363 sale, and other related courses in Hotshot’s Restructuring topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.