Bankruptcy Restructuring and Guarantee Liability: Issues for Debtors, Borrowers, Lenders, and Third-Party Creditors
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the legal and economic issues related to the treatment and enforcement of personal and intercorporate guarantees before, during, and after bankruptcy or confirmation, in the context of frequently occurring scenarios.
Outline
- Types of guarantees and relevance to bankruptcy
- Applicability of the automatic stay
- Impact of various claim limits in bankruptcy on guarantees
- Multiple guarantees of the same obligation against multiple debtors
- Effect of confirmation, including third-party releases
- Options under Subchapter V of Chapter 11
Benefits
The panel will discuss these and other important issues:
- When is a guaranty claim reduced by recovery in a debtor's bankruptcy case?
- How many claims do you have if you have multiple guaranty claims by multiple debtor subsidiaries, just one or multiple claims in each subsidiary debtor?
- Are bad boy guarantees triggered by bankruptcy enforced?
- What happens if the business later incurs additional obligations after the business owner received a bankruptcy discharge?
Faculty
Kyung S. Lee
Partner
Shannon & Lee
Mr. Lee practices in the area of debt restructuring and corporate reorganizations. He has served as debtor's... | Read More
Mr. Lee practices in the area of debt restructuring and corporate reorganizations. He has served as debtor's counsel for companies in the airline, real estate, oil and gas, communications, healthcare, distribution, manufacturing and convenience store industries. He has also represented lenders, creditors, creditors' committees and investors involved in workouts and Chapter 11 reorganizations as well as litigating on behalf of the various parties. He has extensive experience working closely with senior management and financial advisors on valuation of enterprises and assets and development of turnaround and restructuring business plans.
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Adam R. Prescott
Shareholder
Bernstein Shur Sawyer & Nelson
With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing,... | Read More
With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing, retail, technology, transportation, and banking, Mr. Prescott helps businesses and individuals accomplish their goals by working closely with his clients and their advisors to understand the specifics of each situation and provide creative, cost-effective solutions to complex problems, both inside and outside of the courtroom.
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