Offer to Trustee to Purchase Bankrupt's Assets (United States)
This is a trustee offer to purchase bankrupt's assets. The form provided here is simply a sample of what the actual form looks like.
OFFER TO TRUSTEE
PURCHASE BANKRUPT'S ASSETS
To: ________________________ (Trustee in Bankruptcy)
In reference to the bankruptcy of _________________________ (name of bankrupt company) and the liquidation of the assets of bankrupt company,
________________________________________________ (name of company making offer) offers to purchase:
(1) all of the existing inventory of the __________________;
(2) all spare parts, test equipment, and related items;
(3) all engineering drawings and specifications;
(4) all proprietary rights; and
(5) all other assets of bankrupt company, except:
____________________________________________ (description of any exceptions).
For the purchase of the assets described above, which shall be free and clear of all liens and encumbrances at the time of their transfer and which, as applicable, shall be fully functional and capable of being used in the normal course of business, the offeror offers the sum of
________________ Dollars ($__________ ).The offeror will pay such sum by cashier's check at the time of delivery of a bill of sale transferring the title to the assets purchased as a result of this offer (or at such other time required and specified by the trustee or the bankruptcy court judge acting in compliance with applicable law) to the offeror.
To the extent of its applicability to the transfer of assets as a result of this offer, all provisions of the bulk sales law will be fully complied with.
The offeror shall have the right (but not the obligation) to withdraw this offer if it has not been accepted within
_____________________ days of the date of this letter.
This offer is contingent on the accuracy of information that has been provided by you, as trustee, and by the personnel of
________________________________________ (bankrupt company) concerning the type, quantity, condition, location (and such similar matters) of the assets subject to this offer; the information must be sufficiently and reasonably accurate to the minimum extent that a reasonable and prudent business person could rely thereon in conducting his or her own business affairs. If the information is not accurate to the minimum requisite extent, the offeror reserves the right to withdraw or modify this offer without prejudice.
Name of Offering Company
Printed Name and Title