Fraudulent Conveyance Exposure for Intercorporate Guaranties, Integrated Transactions and Designated-Use Loans
Navigating the Contours of Section 548 Reasonably Equivalent Value Defense in Complex Lending Transactions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide finance and bankruptcy counsel with a review of the legal and economic issues in preferential transfer and fraudulent conveyance avoidance actions for intercorporate guaranties, integrated transactions and designated-use loans. The program will discuss how these transactions are at risk of being voided for lacking reasonably equivalent value and how lenders can show indirect economic value of the transaction to satisfy Section 548.
- Overview of types intercompany guaranties and integrated transactions at risk
- Fraudulent transfer analysis
- Timing of guaranty
- Reasonably equivalent value
- Financial condition of the guarantor
- Loans supported by intercorporate guaranties
- Integrated transactions and designated-use loans
- Best practices for lenders to establish reasonably equivalent value
The panel will review these and other key issues:
- How do courts interpret “reasonably equivalent” value, and will they consider indirect, intangible value?
- How have courts applied the single integrated transaction doctrine and what kinds of transactions are at risk for courts collapsing the transactions?
- What steps can lenders take to minimize insolvency risks inherent in intercompany guaranties and other complex lending transactions?
Michael D. Fielding
As a member of his firms’s Financial Services & Capital Markets industry team, Mr. Fielding brings... | Read More
As a member of his firms’s Financial Services & Capital Markets industry team, Mr. Fielding brings considerable experience to the litigation and insolvency matters of his clients. He defends creditors and enforces their rights in business bankruptcy and commercial litigation matters on a national basis. He represents secured and unsecured creditors, unsecured creditors committees, Chapter 7 and 11 trustees and Chapter 11 debtors in complex bankruptcy proceedings. He is just one of a small handful of attorneys in Missouri and Kansas who is board certified in Business Bankruptcy by the American Board of Certification. He also prosecutes and defends commercial litigation matters.Close
Michael W. Kaufman
Robinson & Cole
Mr. Kaufman is a member of the firm's Finance Group. His practice involves all aspects of secured and... | Read More
Mr. Kaufman is a member of the firm's Finance Group. His practice involves all aspects of secured and unsecured bank, mezzanine, and other senior and subordinated lending. He represents borrowers, banks, funds, and other lenders. He guides clients through the complexities of subordination and intercreditor arrangements, the negotiation of financial covenants, and the perfection of collateral. Previously he practiced at Cahill Gordon & Reindel LLP focusing on syndicated term and revolving credit facilities.Close