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

A live 90-minute CLE webinar with interactive Q&A


Thursday, September 7, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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.

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, Partner
Dentons, Atlanta

Mr. Bates focuses his practice on business bankruptcy, creditors' rights, and commercial litigation. He represents creditors, debtors, committees, trustees and other parties-in-interest in Chapter 11 reorganization proceedings, insolvency matters, and debtor/creditor litigation.

Shane G. Ramsey, Partner and Vice Chair, Bankruptcy
Nelson Mullins Riley & Scarborough, Nashville, Tenn.

Mr. Ramsey regularly represents committees of unsecured creditors, indenture trustees, secured creditors, unsecured creditors, bondholders, noteholders, liquidation trustees, plan administrators, disbursing agents, and other entities in bankruptcy reorganizations, liquidation proceedings, and bankruptcy related litigation. His business litigation experience includes contract disputes, business torts, breach of fiduciary duties, officer and director liabilities, and other general litigation matters. 

David A. Wender, Partner
Alston & Bird, Atlanta

Mr. Wender represents a variety of clients in complex bankruptcy cases, out-of court workouts, debt restructurings, asset dispositions and claims reconciliation procedures. He represents purchasers, sellers and other parties in bankruptcy Section 363 sales; debtors in possession; secured and unsecured creditors; and creditor’s committees. He also represents financial institutions, officers, directors and other entities in complex litigation engagements in state and federal courts throughout the United States.


Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Corporate Law Advisory Board

Stuart M. Altman

Director, Corporate Legal Investigations

Intel

Mark H. Hain

General Counsel

Assurance America

Michael Hermsen

Partner

Mayer Brown

Matthew A. Karlyn

Partner

Foley & Lardner

Michael J. Missal

Inspector General

Department of Veterans Affairs

G. Thomas Stromberg

Partner

Jenner & Block

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