Minimizing Lender Risks of Fraudulent Transfer in Bankruptcy and Under the Uniform Voidable Transactions Act
Navigating the Contours of Lender "Inquiry Notice" and Due Diligence
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss risks lenders face when a borrower or other creditor challenges payments made by the borrower to the lender as a fraudulent transfer either in bankruptcy or under the Uniform Voidable Transactions Act. The program will discuss lender strategies for minimizing the risks of fraudulent transfer challenges before and after the loan is made.
- Overview of fraudulent transfer law
- “Inquiry notice” to lenders
- Effective due diligence measures
- Lessons from recent case law
The panel will review these and other key issues:
- Under what circumstances is a lender at risk of unknowingly receiving a fraudulent transfer?
- What information is likely to put a lender on “inquiry notice” to further investigate the borrower’s situation?
- What are best practices for preventing secured lenders from becoming the target of a fraudulent transfer action?
Mark A. Salzberg
Squire Patton Boggs
Mr. Salzberg focuses his practice on bankruptcy litigation, creditors’ rights, debtor reorganizations... | Read More
Mr. Salzberg focuses his practice on bankruptcy litigation, creditors’ rights, debtor reorganizations and complex commercial litigation. He has extensive experience representing debtors, creditors’ committees, financial institutions, secured and unsecured creditors, franchisors and distributors in bankruptcy matters throughout the United States. He has served as the lead appellate counsel in multiple bankruptcy appeals at both the district court and bankruptcy appellate panel levels and regularly counsels clients on intellectual property matters arising under the Bankruptcy Code.Close
Michael L. Molinaro
Mr. Molinaro dedicates his practice to representing parties in the financial services industry. For more than 30 years,... | Read More
Mr. Molinaro dedicates his practice to representing parties in the financial services industry. For more than 30 years, he has represented banks, financial institutions, and insurance companies in loan financing transactions, loan workouts, complex bankruptcy, reorganization and commercial law matters, and commercial litigation. He is experienced in buying and selling distressed businesses, advising lenders in connection with lender liability and fraudulent transfer issues, and representing secured and unsecured creditors on a wide variety of commercial finance transactions, including healthcare, real estate, credit card, intellectual property, leasing, hedge fund, interest rate swap, and derivative transactions.Close
Jonathan M. Landers
Scarola Malone & Zubatov
Mr. Landers focuses his practice on corporate bankruptcy and restructuring, insolvency and litigation matters. His... | Read More
Mr. Landers focuses his practice on corporate bankruptcy and restructuring, insolvency and litigation matters. His diverse experience includes bankruptcy, insolvency-related corporate restructuring, financing transactions, purchase and sale of assets and business enterprises, and litigation matters. He represents debtors, lenders and lender syndicates, large creditors, litigation trustees and defendants, and asset sellers and purchasers. He has also served as a corporate independent Director dealing with substantial litigation issues and has been an expert witness on corporate, bankruptcy and related issues. He is the co-author of three books and the author of more than 35 published articles on bankruptcy and related issues in corporate law and civil procedure.Close