UCC Foreclosures: Overcoming Obstacles to the Sale, Evaluating Receivership and Bankruptcy Alternatives

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, October 10, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide bankruptcy attorneys with a review of the circumstances under which an Article 9 foreclosure is preferred to maximize value for the secured creditor. The panel will discuss the Article 9 foreclosure process and outline best practices to address obstacles in Article 9 foreclosures. The panel will also discuss alternatives to Article 9 foreclosures in transfers of distressed assets.

Description

Secured creditors face challenges protecting their interests if a loan defaults. Practitioners must evaluate loan workouts and other pre-bankruptcy solutions to determine whether they are adequate to protect the lender’s interests.

While bankruptcy may often be preferred by secured creditors, a foreclosure under UCC Article 9 is better in certain situations. When appropriate, foreclosure under Article 9 is quicker, less expensive and more predictable than a §363 sale.

The Article 9 foreclosure process contains pitfalls and obstacles for creditors, but with careful planning, counsel can overcome these issues and minimize the risks.

Listen as our authoritative panel of bankruptcy specialists offers its perspective on foreclosure under UCC Article 9, including how to avoid unexpected difficulties that arise with such sales. They will also compare UCC sales to other alternatives, including assignments for the benefit of creditors and bankruptcies.

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Outline

  1. Comparing UCC Article 9 foreclosure to other options
    1. Loan workouts, assignment for benefit of creditors and receivership
    2. Section 363 bankruptcy sale
  2. Effectuating a UCC Article 9 sale
    1. Evaluating default
    2. Adequate lien search
    3. Strict foreclosure
    4. Public vs. private sale
  3. Obstacles to Article 9 proceeding
    1. Notice
    2. Commercial reasonableness
    3. Successor liability
    4. Clear title

Benefits

The panel will review these and other key issues:

  • What key factors determine whether a UCC foreclosure is a better choice than loan workouts and other pre-bankruptcy and bankruptcy alternatives?
  • How can counsel decide which type of Article 9 foreclosure sale will maximize value for the secured creditor?
  • How can counsel guide clients to avoid the pitfalls presented by Article 9 foreclosure sales?

Faculty

Cochran, James S.
James Cochran

Partner
O'Connor Cochran

Mr. Cochran has extensive experience advising clients in workouts and restructurings involving complex collateral...  |  Read More

Weise, Steven
Steven O. Weise

Partner
Proskauer Rose

Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those...  |  Read More

Prendergast, James
James D. Prendergast

SVP, Legal Counsel-UCC Division
First American Title Insurance Company

Mr. Prendergast is General Counsel of the Uniform Commercial Code Division of First American Title Insurance...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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$297

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