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
- Examine documentation and collateral perfection
- Audit inventory, accounts receivable and equipment to determine borrowing base
- Review cash flow budgets and projections at least monthly
- Obtain guarantees, letters of credit, other credit support
- Retention of consultants
- Documenting a workout solution
- Forbearance agreements and waivers
- Reservation of rights
- Resolving preference period issues
- Pre-bankruptcy planning strategies
- Review intercreditor agreements
- Relaxing of financial covenants
- 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 - Audio Recording
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 $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $49.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD (Audio Only) $49.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Each speaker's topic was distinct. The written materials were also excellent and contained useful information and tips.
Una Kang
Saiber
All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.
Stephan R. Silen
American AgCredit
I liked the combined depth of information and speed of presentation. Well done!
Andre Dalbec
SAANYS
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
The presentations provided great insight.
Josh WInslow
Pabian & Russell
Bankruptcy Law Advisory Board
Partner
Nixon Peabody
Partner
Potter Anderson & Corroon
Of Counsel
Haynes & Boone
Shareholder
Greenberg Traurig
Partner
Dechert
Shareholder
Vedder Price
Partner
Nixon Peabody
Partner
Kaye Scholer
Counsel
Skadden Arps Slate Meagher & Flom
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.