Enforceability of Intercreditor Agreements in Bankruptcy: Maximizing Recovery for First and Second Lienholders
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide commercial finance counsel in drafting intercreditor agreements, and those seeking to enforce or resist enforcement of intercreditor agreements during bankruptcy proceedings. The panel will discuss ways that first lien and second lien lenders can best protect their economic interests in the event of bankruptcy.
- Recent case law on the enforceability of intercreditor agreements in bankruptcy proceedings
- Cases holding that an intercreditor agreement cannot waive a second lien lender's fundamental bankruptcy rights
- Cases holding that an intercreditor agreement may waive statutory bankruptcy rights if enforceable as a matter of applicable state law
- Best practices when drafting and negotiating intercreditor agreements to protect lender interests, including discussion of forms of intercreditor agreements currently being used in the market
The panel will review these and other relevant issues:
- What are the lessons for lenders' counsel from recent bankruptcy case law regarding intercreditor agreements?
- Which intercreditor provisions require special attention as to enforceability in bankruptcy?
- How can senior and subordinate lenders best protect their interests in bankruptcy?
Eric W. Anderson
Parker Hudson Rainer & Dobbs
Mr. Anderson concentrates his practice in bankruptcy, workouts, financial restructuring and commercial finance. He... | Read More
Mr. Anderson concentrates his practice in bankruptcy, workouts, financial restructuring and commercial finance. He regularly represents banks, financial institutions, secured asset-based lenders, investors, trustees, debtors-in-possession, and other parties in bankruptcy and financial restructuring matters. This includes representation in workouts and restructuring matters both in and out of bankruptcy.Close
C. Edward Dobbs
Parker Hudson Rainer & Dobbs
Mr. Dobbs’ practice for more than 41 years has been concentrated in documenting and closing commercial loans for... | Read More
Mr. Dobbs’ practice for more than 41 years has been concentrated in documenting and closing commercial loans for banks and other financial institutions, including asset-based lending arrangements; representing financial institutions in debt restructurings, workouts and forbearance arrangements; defending financial institutions in litigation involving alleged fraudulent conveyances, preferences and lender liability claims; representing financial institutions as secured and unsecured creditors in Chapter 11 bankruptcy cases; and representing debtors, unsecured creditors, and creditors’ committees in Chapter 11 reorganization cases. In addition to his experience representing both debtors and creditors in bankruptcy cases and in representing financial institutions in large commercial loan transactions, Mr. Dobbs has also served as an expert witness on various commercial law and bankruptcy matters.Close