Bankruptcy Fundamentals for Corporate Counsel: Protecting and Enforcing Creditor Claims in a Chapter 11 Proceeding

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


Conducted on Thursday, September 7, 2017

Recorded event now available

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Program Materials

This CLE webinar will instruct corporate counsel on the fundamentals of bankruptcy with a focus on Chapter 11 proceedings, including the claims process, automatic stay, adversary proceedings, preferences, fraudulent transfers, and the reorganization plan. The panel will also discuss what a trade creditor or landlord should do to protect and enforce its claims before and after a bankruptcy filing.

Description

The bankruptcy or insolvency of a customer, tenant or trading partner can have a significant impact on a creditor company. The current trend of retail bankruptcies highlights some of the problems faced by landlords and trade creditors who must navigate the complexities of Chapter 11 bankruptcy or other insolvency proceedings.

Notice of a bankruptcy filing triggers an automatic stay prohibiting creditors from taking any action against the debtor’s assets. It is followed by a series of filings and notices to which the creditor company must respond, including notice of the bar date for filing a proof of claim, the debtor’s schedule of assets and liabilities, notice of proposed assumption of executory contracts, and the proposed plan of reorganization.

Corporate counsel should know the roles of the players in a Chapter 11 bankruptcy, including the debtor, the court, the trustee, and the creditors’ committee. Counsel should also understand the different types of creditors (secured, unsecured, employees, tort claimants, landlords), and how each is treated relative to the others in a bankruptcy proceeding.

Listen as our panel of bankruptcy practitioners explains the bankruptcy process, including critical notices and filings and the appropriate responses to each. The panel will also discuss the role of each party in Chapter 11 proceedings, the different classes of creditors, and how preferences, fraudulent transfers and other issues can affect a creditor’s rights.

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Outline

  1. Purposes of bankruptcy—Chapter 7 vs. Chapter 11
  2. The players
  3. Case commencement
    1. Claims process
    2. Adversary proceedings
    3. Preferences
    4. Fraudulent transfers
  4. 363 sales
  5. The reorganization plan
  6. Steps to take in anticipation of a bankruptcy

Benefits

The panel will review these and other key issues:

  • What are the objectives of a debtor in a Chapter 11 proceeding?
  • What are the critical notices and filings to which counsel must respond, and in what time frame?
  • What are preferences and fraudulent transfers, and when should a creditor be concerned about potentially avoidable payments received from the debtor?
  • How should a reorganization plan be evaluated?

Faculty

Bryan E. Bates
Bryan E. Bates

Partner
Dentons

Mr. Bates focuses his practice on business bankruptcy, creditors' rights, and commercial litigation. He represents...  |  Read More

Ramsey, Shane
Shane G. Ramsey

Partner and Vice Chair, Bankruptcy
Nelson Mullins Riley & Scarborough

Mr. Ramsey regularly represents committees of unsecured creditors, indenture trustees, secured creditors,...  |  Read More

David A. Wender
David A. Wender

Partner
Alston & Bird

Mr. Wender represents a variety of clients in complex bankruptcy cases, out-of court workouts, debt restructurings,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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