Bankruptcy Section 1111(b)(2) Elections, Plan Feasibility and Cramdown Interest Rate Complexities
Navigating Advantages for Secured Lenders and Potential Traps for Debtors
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide counsel with a review of Section 1111(b)(2) election for secured lenders and the impact of the election on cramdown strategies. The program will also discuss cramdown interest rates and the impact rates have on cramdown strategies.
Outline
- Scope of the 1111(b)(2) election
- Strategies for secured lenders in considering the election
- Impact of the election on the debtor's cramdown plan
- Impact of cramdown interest rates on cramdown strategies
Benefits
The panel will review these and other vital questions:
- What opportunities does the 1111(b)(2) election present for secured lenders facing cramdown by the property owner?
- What must real estate owners understand about the 1111(b) election to determine whether a lender's election can undermine the owner's cramdown objectives?
- What impact does the cramdown interest rate play in determining the value of the lender's 1111(b)(2) election claim?
Faculty
Benjamin Mintz
Partner
Arnold & Porter Kaye Scholer
Mr. Mintz has extensive transactional and litigation experience and has played active roles in many high-profile... | Read More
Mr. Mintz has extensive transactional and litigation experience and has played active roles in many high-profile restructuring matters. His transaction experience is broad-based and includes the negotiating and drafting of complex asset purchase agreements, loan agreements, investment agreements, subordination, and intercreditor agreements, factoring agreements, and reorganization plans. He has also been actively involved in litigation matters throughout the country, including bankruptcy courts, federal district courts, state courts, and appellate courts.
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Michael E. Foreman
Partner
Foreman Law
Mr. Foreman is a restructuring lawyer, with considerable experience and expertise in financial restructuring and... | Read More
Mr. Foreman is a restructuring lawyer, with considerable experience and expertise in financial restructuring and corporate bankruptcy, transactions (M&As, divestitures and major contracts) and corporate governance issues, and dispute resolution. He has extensive experience in the C-suite and boardroom, across the negotiation table and in court, as both a corporate transactional lawyer and business litigator.
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