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Pre-Bankruptcy Planning Strategies in Commercial Lending

Effective Workout Tactics for Maximizing Recovery of Troubled Loans

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Tuesday, January 19, 2010
Recorded event now available

This CLE webinar will provide strategies for attorneys advising commercial lenders on effective pre-bankruptcy planning tactics when confronting a troubled loan.

Description

The credit market crisis continues to push more businesses into distress, prompting record numbers of loan defaults.

To maximize recovery of distressed loans, lenders and their counsel must evaluate loans at the first sign of trouble and develop pre-bankruptcy proceeding strategies to protect the lenders' rights and interests.

Because each borrower’s circumstances are unique, lenders can't formulate a uniform recovery strategy with all borrowers. There are general best practices, however, that should be considered in any loan workout.

Listen as our panel of bankruptcy and finance attorneys explains strategies secured lenders should use when negotiating a loan workout with a distressed borrower.

Outline

Best practices for lenders’ counsel confronting a distressed borrower
1. Examine documentation and collateral perfection
2. Audit inventory, accounts receivable and equipment to determine borrowing base
3. Review cash flow budgets and projections at least monthly
4. Obtain guarantees, letters of credit, other credit support
5. Retention of consultants
Documenting a workout solution
1. Forbearance agreements and waivers
2. Reservation of rights
3. Resolving preference period issues
Pre-bankruptcy planning strategies
1. Review intercreditor agreements
2. Relaxing of financial covenants
3. Avoiding lender liability for “course of dealing” issues

Benefits

The panel will review these and other key questions:

What are a lender's options when dealing with a commercial borrower on the verge of default?
What are some strategies and tactics lenders may employ to maximize recovery of the loan principal pre-bankruptcy?
How can lenders minimize liability concerns stemming from "course of dealing" issues?

Faculty

Douglas J. Lipke, Shareholder
Vedder Price, Chicago

He is chair of the firm's Corporate Reorganization, Bankruptcy and Insolvency Group and concentrates his practice in the area of workout, bankruptcy and corporate reorganization law. He represents a full range of national and international clients, concentrating in the representation of secured lenders and creditor rights and represents debtors, trustees and creditors’ committees.

Mark N. Berman, Partner
Nixon Peabody, Boston

He is a member of the firm's Financial Restructuring and Bankruptcy Practice Group and supports the Securitization and Structured Finance Team, the Leveraged Finance Team and the Public Finance Group. He has represented virtually every kind of interest involved with a financially troubled business for over 30 years. He also participates in the firm's Hedge Fund Initiative.

Matthew T. Gensburg, Shareholder
Greenberg Traurig, Chicago

He is an experienced commercial litigator representing secured and unsecured lenders, landlords, creditors' committees and debtors in all phases of corporate reorganizations and debt restructuring. He is a member of the American Bankruptcy Institute and a past instructor at the American Bankers Association's National Commercial Lending School and Commercial Lending Graduate School.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $74.50
Available 24 hours after the live event