Fraudulent Conveyance Actions: Responding to TOUSA III
Lessons for Lenders in Financing Transactions With Distressed Companies
Eleventh Circuit deals blow to secured lenders in TOUSA III
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide bankruptcy attorneys with an analysis of the most recent 11th Circuit TOUSA ruling, discuss the impact of the ruling on practices of commercial lenders and other market participants, and outline best practices for secured lenders dealing with distressed companies.
Outline
- Overview of TOUSA III ruling
- Reasonably equivalent value
- Savings clauses
- Revolving credit facilities
- Impact of rulings, evaluating future liabilities and mitigating impact
- Commercial lenders
- Commercial borrowers
- Secondary loan market participants
- Lessons for secured lenders
Benefits
The panel will review these and other key questions:
- What challenges and pitfalls remain for lenders to distressed companies after the recent TOUSA ruling?
- What does this decision teach about reasonably equivalent value particularly as it relates to subsidiaries paying obligations of their parent?
- What level of due diligence is required of lenders to a financially distressed borrower concerning the source of funds used to satisfy the loan?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Thomas J. Hall
Partner
Chadbourne & Parke
Mr. Hall is Co-Head of the firm’s Commercial Litigation Practice and has extensive experience in complex... | Read More
Mr. Hall is Co-Head of the firm’s Commercial Litigation Practice and has extensive experience in complex litigation matters such as banking, securities, project finance, real estate, corporate governance, partnership and contract disputes. Benchmark's 2010 Guide to America's Leading Litigators recognizes him among the 75 leading commercial litigators and 25 leading bankruptcy litigators in the country.
Close
Thomas J. McCormack
Partner
Chadbourne & Parke
He is a trial lawyer with over 25 years of experience handling complex commercial, securities and class action... | Read More
He is a trial lawyer with over 25 years of experience handling complex commercial, securities and class action litigations. During the course of his career, he has tried a wide range of cases, involving multi-billion dollar energy supply contracts, bank loans, joint venture agreements, corporate governance and securities claims, drug development projects and many others.
Close
Seven Rivera
Partner
Chadbourne & Parke
Mr. Rivera's practice involves all aspects of bankruptcy and restructuring representing both secured and unsecured... | Read More
Mr. Rivera's practice involves all aspects of bankruptcy and restructuring representing both secured and unsecured lenders, creditors, debtors and creditor committees in complex and high-profile Chapter 11 cases. He also represents buyers and sellers in sales and other asset dispositions both in and outside formal reorganization proceedings and provides bankruptcy advice concerning corporate transactions.
Close