Fraudulent Conveyance Exposure for Intercorporate Guaranties, Integrated Transactions, and Designated-Use Loans
Contours of Section 548 Reasonably Equivalent Value Defense in Complex Lending Transactions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide finance and bankruptcy counsel with a review of the legal and economic issues in 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 that indirect economic value from the transaction satisfies 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 a 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 related risks inherent in intercompany guaranties and other complex lending transactions?
Lisa S. Bonsall
McCarter & English
She practices in diverse areas of litigation, focusing on commercial litigation and bankruptcy. She represents secured... | Read More
She practices in diverse areas of litigation, focusing on commercial litigation and bankruptcy. She represents secured and unsecured creditors, bank group agents, servicers, contract parties, lessors, vendors, and other interested parties in all aspects of debtor-creditor relations and bankruptcy, including out-of-court workouts, loan restructuring, asset recovery and bankruptcy-related litigation.Close
Alan J. Lipkin
Mr. Lipkin regularly advises debtors, committees or groups of creditors, noteholders, and equity holders, major... | Read More
Mr. Lipkin regularly advises debtors, committees or groups of creditors, noteholders, and equity holders, major creditors and shareholders, and other key parties in chapter 11 and chapter 7 cases and out-of-court workouts.Close