Bankruptcy Risks for Secured Lenders
Minimizing Claims Involving Fraudulent Transfer, Preference Challenges, Equitable Subordination and Recharacterization
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss key risks that secured lenders face with distressed or bankrupt borrowers, including fraudulent transfer, preference challenges, equitable subordination and recharacterization. The program will provide best practices for lenders to structure lending practices to minimize exposure and protect claims.
- Fraudulent transfer
- Preference challenges
- Equitable subordination and recharacterization
- Trending lender liability issues
- Recent case law and litigation considerations
- Minimizing attacks on the claim
The panel will review these and other key questions:
- What challenges and pitfalls remain for lenders to distressed companies in light of the most recent TOUSA ruling?
- How have the courts defined "inequitable conduct" to justify equitable subordination?
- What are best practices for preventing secured lenders from becoming the target of a preference action?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Theodore A. Cohen
Sheppard Mullin Richter & Hampton
Mr. Cohen specializes in creditors' rights and focuses on lender, indenture trustee, and lessor representation... | Read More
Mr. Cohen specializes in creditors' rights and focuses on lender, indenture trustee, and lessor representation in bankruptcies, loan and lease workouts, defaulted bond financings and secured transactions. He also represents buyers of distressed companies in bankruptcy 363 sales and from assignees for the benefit of creditors.Close
Zachary G. Newman
Hahn & Hessen
Mr. Newman represents companies, banking associations, leasing companies, commercial lenders, and hedge funds... | Read More
Mr. Newman represents companies, banking associations, leasing companies, commercial lenders, and hedge funds in business disputes. His finance litigation includes enforcement of lending facilities on behalf of banks and other lenders where he frequently litigates the enforceability of commercial loan and guaranty provisions, default provisions, material adverse change clauses, and intercreditor disputes.Close