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Inside look at the recent ground-breaking bank recapitalization and sale of AmericanWest Bank. Use of Section 363 of the Bankruptcy Code in a novel and creative manner avoided the failure of the bank.
With the guidance of its financial advisor, Sandler O'Neill + Partners, L.P., and Morrison & Foerster's bank regulatory, bankruptcy, and M&A groups, AmericanWest effectively addressed various regulatory, public relations, legal and procedural issues to obtain bankruptcy court approval in 42 days and consummate the recapitalization and sale of AmericanWest Bank to a private equity-backed group.
Innovative use of Section 363 of the Bankruptcy Code also permitted AmericanWest Bank to overcome the likely "blocking position" of the holding company's outstanding trust preferred securities.