Ipso Facto Clauses: Not Always Unenforceable in Bankruptcy
Navigating What the Code Does and Doesn't Prohibit, Leveraging Recent Conflicting Court Rulings
Recording of a 90-minute CLE webinar with Q&A
This CLE course will review the types of ipso facto clauses that fall squarely within the Code prohibition on enforceability of ipso facto clauses and those that may not be addressed in the Code. The panel will analyze the reasoning of recent court rulings that have upheld and invalidated the enforceability of ipso facto clauses.
- Overview of Bankruptcy Code sections addressing ipso facto clauses
- Typical transactions where ipso facto clauses come into play
- Case law developments: courts invalidating all ipso facto clauses
- Case law developments: courts upholding ipso facto clauses
The panel will review these and other key questions:
- How do the Bankruptcy Code provisions address the enforceability or validity of ipso facto clauses?
- What impact does the distinction between executory and nonexecutory contracts have on the enforceability of ipso facto clauses?
- What analyses did the courts employ in enforcing bankruptcy default clauses in the General Growth and American Airlines bankruptcy cases?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Andrew C. Gold
Mr. Gold concentrates his practice in bankruptcy, out of court restructuring and bankruptcy litigation. He has... | Read More
Mr. Gold concentrates his practice in bankruptcy, out of court restructuring and bankruptcy litigation. He has practiced bankruptcy and debtor and creditor rights law for over 25 years. He has represented secured and unsecured creditors, official committees, trustees, debtors, and purchasers of distressed assets. Mr. Gold has also represented both borrowers and lenders in out of court workouts and restructurings with a concentration in real estate matters.Close
David L. Lawton
Bracewell & Giuliani
Mr. Lawton’s practice focuses on the representation of hedge funds, institutional investors, fund managers and... | Read More
Mr. Lawton’s practice focuses on the representation of hedge funds, institutional investors, fund managers and other lenders and equity groups in complex workouts, insolvency proceedings, and litigation in U.S. and international corporate restructurings. He has also assisted corporate clients with mergers and acquisitions, private offerings, private equity transactions, entity formation and general Connecticut and Delaware corporate law and strategy.Close