Leveraged Buyout Transactions Challenged in Bankruptcy
Litigating Fraudulent Transfer Claims Against Lenders, Equity Purchasers and Shareholders
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will update practitioners on the latest challenges to leveraged buyout transactions in bankruptcy. The panel will explain the implications of particular deal structures, review underlying legal theories of creditor challenges, and outline best practices for mitigating risk or maximizing recovery.
- Avoidance actions: standards in the LBO context
- Reasonably equivalent value
- Insolvency or unreasonably small capital
- Collapsing loan transactions
- Section 546(e) settlement payments
- Recent LBO/fraudulent transfer litigation
- Tribune Co.
- Extended Stay
- McMenamin's Grill
The panel will review these and other key questions:
- What factors are emerging as critical in courts' analysis of whether an LBO is avoidable in bankruptcy?
- What LBO structures are being implicated by creditor challenges?
- What are the limitations on protections for shareholders in LBO deals?
- What steps can sellers and PE firms take to mitigate avoidance risks?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Lisa S. Bonsall
McCarter & English
She practices in diverse areas of litigation, focusing on commercial litigation and bankruptcy. She represents... | 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
Henry P. Baer
Finn Dixon & Herling
His practice focuses on complex financial transactions involving distressed assets. He has significant experience... | Read More
His practice focuses on complex financial transactions involving distressed assets. He has significant experience representing buyers and sellers of assets in distressed situations, first lien, second lien, mezzanine and DIP lenders, equity participants, retained professionals, and Boards of Directors of insolvent companies and of companies in the “zone of insolvency.”Close