Bankruptcy-Proof Finance and Safe Harbor Agreements: Bypassing the Automatic Stay and Other Bankruptcy Restrictions

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


Conducted on Thursday, December 2, 2021

Recorded event now available

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Course Materials

This CLE webinar will guide bankruptcy counsel regarding the treatment of safe harbor agreements in bankruptcy, potential pitfalls related to safe harbor agreements, and how to avoid them.

Description

Protected contracts allow a qualifying party to liquidate and close out a protected agreement with the debtor free from the automatic stay and certain other significant restrictions of the Bankruptcy Code.

A counterparty to a protected contract has more certainty in bankruptcy and a better grasp of what can be recovered and when. Counsel should understand the characteristics of repurchase facilities and other agreements.

Listen as our experienced panel of bankruptcy counsel discusses the requirements for meeting the repurchase agreement, securities contract, swap agreement, and master netting agreement safe harbors, including issues related to qualifying entities and qualifying assets. The webinar will also address recent cases involving safe harbors, including matters concerning safe harbor defenses and avoidance actions.

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Outline

  1. Introduction
  2. Safe harbor agreements
    1. Repurchase agreements
    2. Securities contracts
    3. Swap agreements
    4. Master netting agreements
    5. Other safe harbor agreements
  3. Key provisions
    1. Entity issues
    2. Asset issues
    3. Facility length
  4. Safe harbor defenses to avoidance actions
  5. Additional recent cases

Benefits

The panel will review these and other vital issues:

  • What are the critical characteristics of "safe harbor" agreements?
  • What kinds of entities and transactions are permitted in safe harbor transactions?
  • How have the safe harbor provisions been expanded in recent years?

Faculty

Harbour, Jason
Jason W. Harbour

Partner
Hunton Andrews Kurth

Mr. Harbour regularly represents all major constituencies in formal bankruptcy proceedings and in out-of-court...  |  Read More

Mulcare, Monique
Monique J. Mulcare

Counsel
Mayer Brown

Ms. Mulcare’s practice focuses on restructuring, insolvency and bankruptcy litigation matters. In facilitating...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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