Leveraged Buyout Transactions Under Heightened Scrutiny in Bankruptcy
Withstanding Creditor Challenges to Fraudulent Transfer Claims
Delaware Bankruptcy Court rules Mervyn's lawsuit against Target and PE groups may proceed
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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 to mitigate risk.
- Avoidance actions: standards in the LBO context
- Reasonably equivalent value
- Insolvency or unreasonably small capital
- Section 546(e) settlement payments
- Latest challenges
- Tribune Co.
- Structuring deals to mitigate risk
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 steps can sellers and PE firms take to mitigate avoidance risks?
Douglas S. Mintz
Cadwalader Wickersham & Taft
He has experience in all aspects of bankruptcy and restructuring, representing secured lenders, debtors and official... | Read More
He has experience in all aspects of bankruptcy and restructuring, representing secured lenders, debtors and official and ad hoc creditors' committees. He played key roles in notable asset sales including the General Motors and Chrysler bankruptcies, DESA Holdings, and Piccadilly. He has extensive experience representing debtors in the Lyondell, Mirant and Pacific Gas & Electric chapter 11 cases.Close
Steven T. Bobo
His practice focuses on bankruptcy and workout matters, representing both debtors and creditors. He is regularly... | Read More
His practice focuses on bankruptcy and workout matters, representing both debtors and creditors. He is regularly involved in various bankruptcies and other court proceedings, and also is involved with a number of out-of-court workouts.Close