Lender Recovery in Bankruptcy: Pre-Petition Default Interest, Pre-Payment Penalties, Late Fees, OID, Attorney Fees
Maximizing Recovery of Secured Lender's Remedies in the Loan Documentation
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide bankruptcy and lender counsel a review of emerging theories regarding a lender’s right to recover pre-petition default interest, late fees, pre-payment penalties, original issue discount (OID) and attorney fees in bankruptcy, and review the bankruptcy case law developments. The panel will outline steps counsel to lenders can take to protect entitlement to the full array of interest, fees and other lender remedies in the credit agreement.
- Pre-petition default interest
- Pre-payment or make-whole penalties
- Late fees
- Attorney fees
The panel will review these and other key issues:
- What factors do bankruptcy courts consider in analyzing the enforceability of make-whole provisions in loan agreements?
- What impact has the Momentive Performance case had on the enforceability of make-whole premiums?
- What factors will courts consider in awarding secured lenders pre-petition default interest?
- Is OID an allowable claim in bankruptcy?
Michael J. Riela
Mr. Riela focuses his practice on all aspects of bankruptcy and out-of-court workouts. He acts on behalf of banks,... | Read More
Mr. Riela focuses his practice on all aspects of bankruptcy and out-of-court workouts. He acts on behalf of banks, funds, lender groups, indenture trustees, debtors, major trade creditors and contract counterparties, members of official unsecured creditors' committees and other significant parties in commercial and real estate restructuring and workout matters inside and outside of bankruptcy.Close
Dustin P. Smith, Esq.
Hughes Hubbard & Reed
Mr. Smith represents companies restructuring their financial affairs both in and out of court as well as representing... | Read More
Mr. Smith represents companies restructuring their financial affairs both in and out of court as well as representing secured and general creditors in Chapter 7 and Chapter 11 bankruptcies, out of court workouts, and adversary and collateral proceedings. Mr. Smith is currently engaged in the representation of the Trustee in the SIPA liquidations of Lehman Brothers Inc. and MF Global Inc. He is also the managing editor of the firm’s Bankruptcy Report, an online resource providing insights on emerging issues and developments in bankruptcy law.Close
Mintz Levin Cohn Ferris Glovsky and Popeo
Mr. Walsh’s practice focuses on all aspects of bankruptcy and commercial law, workouts, restructurings, and... | Read More
Mr. Walsh’s practice focuses on all aspects of bankruptcy and commercial law, workouts, restructurings, and commercial lending transactions. He represents corporate debtors, secured and unsecured lenders, trustees, bondholders, committees, lessors and lessees, and other entities in out-of-court restructuring and bankruptcy proceedings. Mr. Walsh has significant experience in distressed acquisitions and divestitures, complex commercial transactions, and business litigation.Close