Intersection of Bankruptcy and State Foreclosure Laws
Protecting Foreclosure Remedies and Overcoming Bankruptcy Pitfalls When Dealing With Distressed Borrowers
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel to lenders and creditors with a review of the intersection between bankruptcy and state foreclosure laws with respect to secured interests and commercial real estate. The panel will outline strategies to minimize risks in exercising foreclosure remedies and navigating bankruptcy.
- Strategies for navigating bankruptcy of distressed borrowers
- Relief from the automatic stay
- Cash collateral
- Post-relief from stay
- Asset sales and credit bidding
- Impact of bankruptcy on UCC rights and collateral
- Fraudulent transfer
- Preference actions
- Lender liability
- Impact of bankruptcy on distressed real estate
- Asset sales
- Dirt for debt
- Deeds-in-lieu of foreclosure
- Single-asset real estate
- Bad-boy guarantees
The panel will review these and other key questions:
- What must the lender consider in conducting a UCC foreclosure sale to minimize a subsequent challenge in the debtor's bankruptcy?
- What factors must a lender show to obtain relief from the bankruptcy automatic stay?
- What is the effect of a foreclosure sale or deed in lieu transaction in a subsequent bankruptcy proceeding?
- What bankruptcy rules apply to single-asset real estate?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
John F. Isbell
He focuses his practice on the representation of secured lenders and debtors/borrowers in bankruptcy cases,... | Read More
He focuses his practice on the representation of secured lenders and debtors/borrowers in bankruptcy cases, receivership litigation, workouts, restructurings and state court foreclosures and confirmation proceedings. He also represents clients in insolvency-related litigation in federal and state courts.Close
Johnathan C. Bolton
Mr. Bolton's practice focuses on business and commercial law, real estate and business litigation, debtor/creditor... | Read More
Mr. Bolton's practice focuses on business and commercial law, real estate and business litigation, debtor/creditor rights, and bankruptcy law. He is the Chair of the firm’s Bankruptcy and Creditors’ Rights practice group and is a member of the Business Litigation practice group and the Real Estate & Insurance Litigation practice group. He is also a member of the firm’s Executive Committee.Close
Craig S. Unterberg
Haynes & Boone
He concentrates his practice in the areas of representing borrowers and lenders in secured and unsecured lending and... | Read More
He concentrates his practice in the areas of representing borrowers and lenders in secured and unsecured lending and structured finance transactions, including margin stock lending, private equity and hedge fund financing, syndicated financings, mergers and acquisition financings, and distressed debt transactions. In addition, he provides extensive regulatory advice on margin lending issues.Close