This CLE course will provide bankruptcy counsel with an examination of recent trends in the use of rights offerings as a financing mechanism, review the rights offerings process under the Bankruptcy Code, and discuss debtor and creditor strategies in negotiating and executing a rights offering. Read More

This CLE webinar will guide bankruptcy lawyers through the complex issues surrounding the sale of Chapter 5 avoidance actions in bankruptcy. The program will cover whether such claims are or are not property of the estate that may be sold to third parties under Section 363(f), how the sale or assign... Read More

This CLE course will provide attorneys dealing with defaulted loans secured by personal property with a review of when an Article 9 foreclosure will maximize value for the secured creditor. The panel will discuss the Article 9 foreclosure process and outline best practices to address obstacles in Ar... Read More

This CLE webinar will discuss emerging strategies for confirming a Chapter 11 plan in a case filed to address mass-tort liability. The panel will address the pivotal role of insurance and channeling injunctions as well as options for dealing with impasses among various constituencies. Read More

This CLE webinar will discuss the novel approach for accessing D&O insurance proceeds to repay fraudulent transfers taken in Verizon Commc'ns. Inc., et al. v. Nat'l Union Fire Ins. Co. of Pittsburgh, et al, Case No N18C-08-086 EMD CCLD (Del. Super. Ct. Oct. 18, 2022). The panel will discuss the rati... Read More

This CLE course will discuss developments in asset recovery litigation against officers, directors, and outside professionals of distressed or insolvent companies, and against banks and other third party non-professionals alleged to be complicit in or to have otherwise contributed to the losses resu... Read More

This CLE course will discuss Chapter 15 of the Bankruptcy Code, the growth of international reorganization issues, and complex, multi-country insolvency issues facing restructuring and bankruptcy litigation practitioners. The panel will address key issues under Chapter 15, including preventing discr... Read More

This CLE course will explore the use and effect on creditor options and payouts of companies bringing on new "bankruptcy directors" as they hurdle toward Chapter 11, the impact of bankruptcy or "independent" directors on the integrity of the bankruptcy system, and what creditors and creditors' commi... Read More

This CLE course will provide counsel with the tools to address the specialized issues that arise during retail and restaurant bankruptcies. The panel will review challenges with financing, dealing with overstock and inventory issues, leases and other executory contracts, franchise agreements, vendor... Read More

This CLE course will equip counsel to negotiate and draft restructuring support agreements (RSAs, also known as "lock-up" or "plan support agreements") that will help reduce the cost, length, and adverse effects of a Chapter 11 case. A well-structured RSA can assure all stakeholders that the debtor... Read More

This CLE webinar is about employee incentive plans (KEIPs), employee retention plans (KERPs), and other executive compensation payments before, during, or after Chapter 11 bankruptcies. The panel will discuss the thin line between Bankruptcy Code Sections 503(c)(1) and (c)(3), how to create approvab... Read More

This CLE course will prepare bankruptcy and finance counsel to structure special purpose entities (SPEs) to achieve bankruptcy remoteness and avoid substantive consolidation, as well as to keep assets that are the subject of a loan or other financing isolated. The panel will discuss lessons from rec... Read More

This CLE course will guide practitioners through unique issues when partnerships, limited liability companies, or their partners and members file bankruptcy. The panel will address topics in recent partnership bankruptcy cases and how courts cope with the lack of specific Bankruptcy Code provisions... Read More

This CLE course will guide bankruptcy attorneys through the intersection of digital assets and bankruptcy. The program will offer an overview of digital assets; how they are identified, investigated, preserved, and administered; how digital assets can be collateralized and valued; and what happens t... Read More

This CLE course will provide bankruptcy counsel with a review of fiduciary duties of loyalty and due care owed by directors and officers to the corporation and shareholders as a company heads into insolvency and when creditors may enforce those duties. The webinar will offer strategies to avoid and... Read More

This CLE course will discuss current developments about the trustee's pre-filing obligations under Section 547(b) of the Bankruptcy Code. The Bankruptcy Code does not define "reasonable due diligence in the circumstances of the case" nor what it means to take "into account a party's known or reasona... Read More

This CLE webinar will address how creditors can prevent the manipulation of Subchapter V by challenging the election eligibility and by paying careful attention to the projected disposable income. The panel will discuss options for small businesses after the Bankruptcy Threshold Adjustment and Techn... Read More

This CLE course will analyze the benefits and risks of prenegotiating or prepackaging a chapter 11 plan, including the complexities that professionals face in negotiating and structuring them and current trends and decisions such as the emerging use of "super speed" prepacks and recent decisions reg... Read More

This CLE webinar will plumb the nuances of individual reorganizations under Subchapter V of Chapter 11 of the Bankruptcy Code. The panel will guide both debtor and creditor counsel through the advantages and disadvantages of Subchapter V, plan creation, eligibility restrictions and traps, post-petit... Read More

This CLE webinar will guide bankruptcy counsel for lenders through increasingly difficult and dizzying valuation issues in business bankruptcies. The program will discuss how to measure the worth of intangible, contingent, and other hard-to-value assets, issues created by more complex financial stru... Read More

This CLE course will instruct bankruptcy attorneys about creating and opposing "cram-up" Chapter 11 plans under which the plan is accepted by junior creditors and then crammed up on senior objecting creditors. Read More

This CLE course will discuss the divergent law on whether an energy industry debtor can reject its power purchase agreements (PPAs) and provide bankruptcy counsel with an understanding of how this issue might be resolved in bankruptcy proceedings. Read More

This CLE course will discuss challenges related to providing adequate protection for the use of cash collateral and debtor-in-possession (DIP) financing that are most often contentiously negotiated among the debtor, its secured creditors, and DIP lenders, and that bankruptcy judges intensely scrutin... Read More

This CLE course will guide counsel through the issues and process of proposing and confirming a plan of reorganization under Subchapter V of Chapter 11 of the Bankruptcy Code. The program will also review the consequences of consensual confirmation and cramdown on discharge. Read More

This CLE course will guide bankruptcy counsel in understanding "going-out-of-business" (GOB) sales, discuss the most common terms of liquidator agency agreements, including fee structures, and offer strategies and steps that creditors and consignors can take to protect themselves and their consigned... Read More

This CLE course will discuss strategies that borrowers are increasingly using to create liquidity, delay maturities, and relieve covenant pressure to prevent bankruptcy while also allowing certain creditors to maintain control and preferred priority if bankruptcy ensues. The program will discuss how... Read More

This CLE webinar will discuss the provisions of the Bankruptcy Code and other sources of authority, such as the Model Rules of Professional Conduct, that present numerous "traps for the unwary" in bankruptcy. The program will analyze how experienced--and otherwise exemplary--attorneys, financial adv... Read More

This CLE course will review director and officer protection statutes across key jurisdictions and show counsel how to maneuver through the window between the business judgment rule and intentional dishonest acts to ensure access to directors and officers liability insurance policies if duties of car... Read More

This CLE course will discuss bankruptcy opportunities and strategies for debtors, creditors, investors, and landlords when real property and improvements face decreasing values and unstable income. The panel will discuss the strategic use of Chapter 11 to manage excessive debt and retain real proper... Read More

This CLE webinar will guide counsel through the evolving positions of courts on four key issues that arise in avoidance actions. The panel will discuss competing views about whether and when avoidance actions must benefit the estate, whether fraudulent transfer recoveries should be limited to the nu... Read More

This CLE course will discuss how counsel representing committee members and counsel for committees address recurring and new issues. Official committees, most often unsecured creditors committees, remain critical to reigning in secured lenders. Ad hoc committees provide creditor groups that share a... Read More

This CLE webinar will discuss the standard for approval of transactions outside the ordinary course of business of the Chapter 11 debtor, often under 11 USC 362 and 365, and how and why the debtor's "business judgment" is often more limited than might seem. The panel will review how courts have arti... Read More

This CLE course will guide commercial lenders and their counsel on confronting a defaulted or troubled loan. The panel will discuss workout options and will outline steps for lenders when anticipating a borrower's potential bankruptcy. Read More

This CLE course will explore the use and effect on creditor options and payouts of companies' bringing on new "bankruptcy directors" as they hurdle toward Chapter 11, the impact of bankruptcy or "independent" directors on the integrity of the bankruptcy system, and what creditors and creditors' comm... Read More

This CLE course will discuss strategies and tactics for prosecuting and defending Section 523 exceptions to discharge adversary proceedings. The panel will review best practices for pleading to state a claim for relief and outline strategies for filing Rule 12(b)(6) motions to dismiss under Ashcroft... Read More

This CLE course will provide finance and bankruptcy counsel with a review of the legal and economic issues in fraudulent conveyance avoidance actions for intercorporate guaranties, integrated transactions, and designated-use loans. The program will discuss how these transactions are at risk of being... Read More

This CLE webinar will guide bankruptcy counsel regarding the treatment of safe harbor agreements in bankruptcy, potential pitfalls related to safe harbor agreements, and how to avoid them. Read More

This CLE course will discuss the current treatment of consensual and nonconsensual third-party releases in Chapter 11 reorganization plans. The panel discussion will include current approaches to incorporating release and discharge provisions into a Chapter 11 plan, what constitutes consent for vari... Read More

This CLE course will guide bankruptcy counsel in understanding the interplay between Bankruptcy Code Sections 510(a) and 1129(b)(1) and how a plan of reorganization can be confirmed even if it allocates to subordinated creditors some portion of the amount owed to a senior creditor under a pre-petiti... Read More

This CLE course will discuss the defense to a fraudulent transfer claim for subsequent transferees from the debtor, the requirements to meet the defense, the issue of value received in consideration for the transferred payment, and what can be recovered. Read More

This CLE course will equip counsel to negotiate and draft forbearance agreements that provide maximum protection of lender interests while at the same time minimizing the risk of lender liability claims. A well-structured and well drafted forbearance agreement can strengthen the lender's position sh... Read More

This CLE course will consider the rights, obligations and negotiating posture of a contract counterparty following the rejection of that contract under Bankruptcy Code Section 365. We will give particular consideration to how recent U.S. Supreme Court authority on this question has affected leverage... Read More

This CLE course will guide bankruptcy practitioners through the maze of time-sensitive and strategic decisions to be made when a commercial tenant files bankruptcy interrupting the landlord's income stream. The panel will review Bankruptcy Code section 365's specialized procedures, enhanced protecti... Read More

This CLE course will discuss challenging issues in debtor-in-possession (DIP) financing that are most often the subject of contentious negotiations between DIP lenders and other secured creditors, as well as the subject of intense scrutiny by bankruptcy judges. Read More

This CLE course will discuss what happens after confirmation and what happens when a debtor defaults under a plan of reorganization, whether confirmed under the regular provisions of Chapter 11 or new Subchapter V. The program will review the impact of confirmation on critical issues, the use of pos... Read More

This CLE course will review the ordinary course of business defense to preference actions. The program will help counsel identify new strategies applicable when practices between the parties and in their industry are or have become anything but ordinary. The panel will also explore the limits on the... Read More

This CLE course will guide counsel through the unique challenges and procedural complexities of bankruptcy appeals, including the specialized issues of finality, mootness, and jurisdiction. The program will help lawyers avoid several minefields crowded with terminal explosive devices that can change... Read More

This CLE course will examine Section 363 sales, with particular focus on key issues that can impact the rights and obligations of parties in interest before, during, and after an auction or private sale. Read More

This CLE course will compare receiverships, ABCs, and bankruptcy, reviewing the advantages and disadvantages each offers to buyers, petitioning creditors, debtors, and non-petitioning creditors. The program will discuss what situations each process is best suited to address and key provisions to inc... Read More

This CLE course will examine the treatment of consignments and reclamation rights under the UCC and in bankruptcy. The panel discussion will include an analysis of the UCC definition of "consignment" and how it impacts the documentation and perfection, as well as the priority of a consignor's intere... Read More

This CLE course will review what creditors holding claims in bankruptcy need to know when an investor offers to "buy" that claim from them. It will equip attorneys to understand and negotiate the typical claims transfer agreement, spot claims trading strategies in action, interpret how they may affe... Read More

This CLE course will guide counsel through the amendments to the Bankruptcy Code included in the 2021 Consolidated Appropriations Act (the Act) and the questions they raise but do not answer for large and small cases. The panel will assist counsel in asking the right questions and identifying the re... Read More

This CLE course will offer best practices for counsel to lenders, creditors, and private equity sponsors to structure transactions and lending practices to protect their claims and maintain their priority status against junior and unsecured creditors or borrowers facing insolvency or bankruptcy. Read More

This CLE course will provide counsel with the tools to address the specific issues that arise during retail and restaurant bankruptcies. The panel will review topics related to leases and other executory contracts, franchise agreements, vendor rights, gift cards, and the many other issues unique to... Read More

This CLE course will provide insight and analysis on the types of claims that may entitle directors and officers to indemnity protection and how their indemnity claims are treated in and affected by a company's bankruptcy. The panel will also discuss the effect of bankruptcy on D&O insurance coverag... Read More

This CLE course will guide counsel to commercial parties on the interpretation of the safe harbor provisions in Bankruptcy Code Section 546(e) after the Second Circuit's decision in In re Tribune Co. Fraudulent Conveyance Litig., Case No. 13-3992 (2d Cir. Dec. 19, 2019) ( Tribune II ). The webinar w... Read More

This CLE course will provide practitioners who represent either bankruptcy trustees or defrauded investors with an overview of recent trends in clawback suits involving Ponzi schemes, theories of liability and effective defenses, and strategies for bringing and defending these claims. Read More

This CLE course will discuss the rules for cramdown under Chapter 11 for debtors that are not proceeding under the Small Business Reorganization Act of 2019, the best strategies and practices for debtors and creditors when confirmation will involve cramdown, and current arguments for resolving valua... Read More

This CLE course will guide counsel who advise K-12 and higher educational institutions in the financial crisis. The panel will discuss legal issues when dealing with negative cash flow and uncertain economic prospects, including bankruptcy, restructuring, and funding options. The panel will also dis... Read More

This CLE course will address substantive consolidation which allows the bankruptcy court to treat two or more debtors as one entity, pool the assets and claims of all entities, and eliminate inter-company claims for purposes of administration and distribution of assets. Read More

This CLE course will discuss when a Bankruptcy Code Section 363(f) sale may not be as "free and clear" as the parties intended and the best options for averting any post-sale claims. Read More

This CLE course will provide bankruptcy counsel with a review of strategic decision making in credit bidding, resolving the myriad of disputes among lenders and unsecured creditors, and overcoming legal challenges to the lender's right to credit bid. Read More

This CLE course will discuss the treatment of derivatives in bankruptcy. The panel will discuss the exemptions historically afforded derivatives before the financial crisis, the ramifications of those exemptions as shown in the Lehman and MF Global bankruptcies, and the current framework which exist... Read More

This CLE course will provide bankruptcy attorneys with an analysis of trends and legal developments regarding various DIP financing terms and conditions. The panel will outline best practices for documenting post-petition financing and obtaining or contesting cash collateral and financing motions. Read More

This CLE course will provide counsel to lenders and creditors with a review of the intersection between bankruptcy and state foreclosure laws with respect to secured interests in personal property and commercial real estate. The panel will outline strategies to minimize risks in exercising foreclosu... Read More

This CLE course will examine bankruptcy and insolvency issues presented by the conflict between the legalized use of marijuana in many states and its treatment as an illegal controlled substance under federal law, and provide practical guidance on counseling clients in Cannabidiol (CBD), hemp, and m... Read More

This CLE course will discuss commonly attacked transactions such as payments to trade creditors, loan workouts and payments to insiders. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers and set-offs. Read More

This CLE course will provide bankruptcy and litigation counsel with a review of suits against corporate insiders and outside third-party professionals, theories supporting liability, and the evolving and complex defenses and limitations to recovery such as in pari delicto, standing, and the insured... Read More

This CLE course will provide counsel with a review of Section 1111(b)(2) election for secured lenders and the impact of the election on cramdown strategies. The program will also discuss cramdown interest rates and the impact rates have on cramdown strategies. Read More

This CLE course will provide strategies and practical guidance for insolvency practitioners representing non-debtors regarding executory contracts and leases with financially troubled counterparties both before and during bankruptcy proceedings. Read More

This CLE course will provide bankruptcy counsel with a review of how junior mortgage liens can be stripped in Chapter 13 and so-called Chapter 20 consumer bankruptcies, discuss defenses available to the lender to preserve the lien, and outline various litigation approaches for both sides. Read More

This CLE course will provide bankruptcy and insolvency counsel with a review of the Supreme Court's decision in Merit Management Group v. FTI Consulting, holding that the Sec. 546(e) safe harbor does not protect allegedly fraudulent transfers in which financial institutions served as mere conduits.... Read More

This CLE course will examine the different forms of exit financing currently available to Chapter 11 debtors, and some structural and procedural issues associated with each. The panel discussion will include best efforts vs. committed financing, high yield debt offerings, rights offerings and other... Read More

This CLE course will update practitioners on the latest challenges to leveraged buyout (LBO) 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 m... Read More

This CLE course will examine Section 363 sales, with particular focus on key issues that can impact the rights and obligations of parties in interest before, during and after an auction or private sale. Read More

This CLE course will examine recent amendments to the Federal Rules of Bankruptcy Procedure impacting Chapters 7, 12 and 13 of the bankruptcy code. The panel will discuss new proof of claim and other filing requirements, the ability of debtors to fix claims in a reorganization plan, the prescribed f... Read More

This CLE course will provide guidance to commercial lenders and their counsel on approaches for confronting a defaulted or troubled loan. The panel will discuss workout options and outline steps for lenders when anticipating a borrower's bankruptcy. Read More

This CLE course will examine the doctrines of setoff and recoupment and the issues presented in exercising those rights in bankruptcy. The panelist will discuss mutuality and other conditions which must be present to establish setoff or recoupment rights and inconsistencies in the case law as applie... Read More

This CLE course will discuss commonly attacked transactions such as payments to trade creditors or insiders and loan workouts. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers and set-offs. Read More

This CLE course will provide counsel with a review of fraudulent transfer claw-back litigation in light of rulings in the Tribune, Lyondell and SemGroup bankruptcy cases, as well as more recent cases from the Bankruptcy Court for the District of Delaware and the Seventh Circuit Court of Appeals that... Read More

This CLE course will discuss the emergence and subsequent limitation of the Trust Indenture Act (TIA) as a tool for objecting bondholders to challenge restructuring outside of bankruptcy. The program will examine the Marblegate and Caesars Entertainment cases, the Second Circuit's very recent revers... Read More

This CLE course will instruct bankruptcy estate representatives on how to recover assets from foreign defendants/transferees. The program will discuss key issues counsel must consider in pursuing foreign assets, including personal jurisdiction, choice of law, discovery tools, and enforcement of judg... Read More

This CLE course will provide counsel with approaches for commercial real estate debtors and senior mortgage lenders to deal with plan cramdown involving single asset real estate (SARE) entities. Specifically, the program will look at the meaning of impaired accepting class and analyze the per-plan v... Read More

This CLE course will discuss the ability of issuers of debt to amend the governing indentures and intercreditor agreements without debtholder consent. The program will focus on the distinction between substantive and technical amendments, interpretation of relevant provisions of the intercreditor ag... Read More

This CLE course will discuss the benefits of receivership as an alternative to bankruptcy as a vehicle for financial restructuring, disposition of assets, collection of outstanding obligations and enforcement of contracts. The program will also discuss strategies for representing receivers and litig... Read More

This CLE course will provide bankruptcy and finance practitioners with a solid understanding of the scope and limits of the safe harbor provisions for financial contracts. The panel will analyze lessons from recent case law and outline best practices for bringing and defending preference and fraudul... Read More

This CLE course will discuss the concept of lien-stripping of a secured lienholder's interest in situations where a secured creditor does not participate in a Chapter 11 bankruptcy case, and the recent Second Circuit decision in In re N. New Eng. Tel. Operations. Read More

This CLE course will discuss the 2014 amendments to the UFTA, which has been renamed the Uniform Voidable Transactions Act. The webinar will cover the problems or obstacles that the amendments were intended to rectify and how the amendments have impacted the law of voidable transfers. Read More

This CLE course will discuss the characteristics of official, unofficial and ad hoc creditor committees in Chapter 11 bankruptcy proceedings, including committee structure, rights and obligation, advantages and pitfalls. The panel will examine recent legal developments impacting some of the most-con... Read More

This CLE course will examine the risks equipment lenders or lessors face following a borrower/lessee's bankruptcy. The program will review the treatment of an equipment finance loan under the UCC and in bankruptcy as well as the treatment of an equipment lease in bankruptcy. The panel will discuss t... Read More

This CLE course will discuss post-confirmation bankruptcy liquidation and litigation trusts, including drafting the trust agreement, trustee management of the trust, and representing the trust as general or special litigation counsel. Read More

This CLE course will provide finance and lending counsel with a briefing on the evolution of credit bidding with a focus on the Fisker Automotive ruling and subsequent case law developments. The panel will discuss the impact of recent rulings on the distressed debt market as well as other secured le... Read More

This CLE course will provide bankruptcy litigators with a review of how bankruptcy courts have been handling Stern claims, the impact of the Court's Bellingham ruling and the Supreme Court's recent ruling in Wellness. Read More

This CLE course will discuss the newly approved 2014 amendments to the Uniform Fraudulent Transfer Act, which the amendments renamed the Uniform Voidable Transfer Act. The webinar will cover the problems or obstacles practitioners experience under the current law that necessitated the amendments and... Read More

This CLE course will discuss recent developments in plan confirmation issues, including whether a plan that offers new value from an insider can be confirmed without an auction process, the effect of third-party guarantees, whether creditor must have "good cause" to change a plan vote, and the selec... Read More

This CLE course will provide counsel with approaches for secured lenders and single asset real estate (SARE) debtors in SARE bankruptcy cases. The program will outline and explain automatic stay, adequate protection, new value plans, the Section 1111(b) election, and the impact of Momentive Performa... Read More

This CLE course will discuss cutting edge topics in fraudulent transfer litigation, including shareholder clawbacks in leveraged buyout transactions, clawbacks of law firm partner "unfinished business profits," limiting damages in fraudulent transfer recoveries, and an overview of the Supreme Court'... Read More

This CLE course will discuss the enforceability of cross-collateralization clauses in bankruptcy, recent case law regarding lender priority disputes and bankruptcy financing, and best practices for secured creditors to protect their priority in the event of the borrower's bankruptcy. Read More

This CLE course will provide bankruptcy counsel with an in depth review of the key issues in the Tronox ruling. The panel will discuss the application of the laws of fraudulent conveyance (state and Bankruptcy Code) to corporate spin-offs designed to shed legacy liabilities, the applicable statute o... Read More

This CLE course will provide counsel with an understanding of the scope and application of Section 506(c) allowing the debtor or trustee to recover from the secured lender costs and expenses of preserving/disposing of the estate's asset. The panel will explain surcharge on collateral, the debtor's b... Read More

This CLE course will discuss the structure of unitranche loan facilities, the differences between unitranche loan facilities and first/second lien facilities and senior/mezz facilities, certain trends in the unitranche loan facility "market", and certain potential issues associated with AALs. Read More

This CLE course will provide bankruptcy litigators with a review of post- Stern case law and the impact of Stern on fraudulent transfer/preference litigation, particularly Ponzi clawback claims, the issue of consent or waiver to allow bankruptcy judges to adjudicate claims, and continuing confusion... Read More

This CLE course will provide practitioners with an analysis of relevant and unique issues under Chapter 9 for municipalities, bondholders, pension funds and other creditors and options for consensual out-of-court restructuring. Read More

This CLE course will provide bankruptcy counsel with a review of how junior mortgage liens can be stripped in Chapters 7, 13 and so-called Chapter 20 consumer bankruptcies, discuss defenses available to the lender to preserve the lien, and outline various litigation approaches for both sides. Read More

This CLE course will provide bankruptcy counsel with a review of how junior mortgage liens can be stripped in Chapters 7, 13 and so-called Chapter 20 consumer bankruptcies, discuss defenses available to the lender to preserve the lien, and outline various litigation approaches for both sides. Read More

This CLE course will review the types of ipso facto clauses that fall squarely within the Code prohibition on enforceability of ipso facto clauses and those that may not be addressed in the Code. The panel will analyze the reasoning of recent court rulings that have upheld and invalidated the enforc... Read More

This CLE course will analyze risks facing second lienholders in bankruptcy, including lien stripping, standing, Section 363 sales free and clear of liens, intercreditor agreements, and valuation of secured creditor's collateral. The program will outline best practices for minimizing the risks. Read More

This CLE course will provide bankruptcy counsel with a review of the absolute priority rule and case law developments since 203 North LaSalle, particularly a recent Seventh Circuit ruling in Castleton Plaza. The panel will also discuss the impact of these rulings on other related issues of competiti... Read More

This CLE course will provide bankruptcy counsel with a review of the differences between a Chapter 11 and a Chapter 7 liquidation and between liquidating plan sales vs. Sect. 363 sales. The panel will discuss formulation and approval of liquidation plans, unique issues in Chapter 11 liquidations, an... Read More

This CLE course will provide bankruptcy counsel with an analysis of the latest case law developments on the absolute priority rule in individual Chapter 11 cases post BAPCPA, the varying court interpretations and applications of the rule, and best practices for both individual debtors and unsecured... Read More

This CLE course will provide counsel with approaches for commercial real estate debtors, their lenders and creditors to deal with bankruptcy remoteness and single-asset real estate (SARE) cases. Read More

This CLE course will discuss issues that buyers may face in more complicated Sec. 363 bankruptcy acquisitions, including transactions that include significant intellectual property or cross-border components, closing a Sec. 363 purchase in the face of third-party opposition, among other complex Sec.... Read More

This CLE course will discuss key risks that secured lenders face with distressed or bankrupt borrowers, including fraudulent transfer, preference challenges, equitable subordination and recharacterization. The program will provide best practices for lenders to structure lending practices to minimize... Read More

This CLE course will provide bankruptcy counsel a review of key tax issues in consumer bankruptcy, including discharge rules for different tax obligations, how income tax liabilities impact applicability of the means test, and tax consequences of debt-related obligations like cancellation of debt an... Read More

This CLE course will address the impact of the MF Global and other FI bankruptcies and recent market trends and actions being taken to provide additional collateral protection for investors, hedge funds, and financial institutions. Read More

This CLE course will provide bankruptcy counsel with a review of how junior mortgage liens can be stripped in consumer bankruptcies, discuss defenses available to the lender to preserve the lien, and outline various litigation approaches for both sides. Read More

This CLE course will provide counsel with a review of the reversion to creditors of state law fraudulent transfer claims abandoned in bankruptcy. The panel will also discuss the applicability of the bankruptcy safe harbor provisions outside bankruptcy and arguments supporting or defending against st... Read More

This CLE course will provide bankruptcy litigators with a review of the practical implications of the Stern decision on the claims process, its impact on fraudulent transfer and preference litigation, and how issues have been raised and decided in the year since Stern was decided. Read More

This CLE course will prepare counsel to craft effective forbearance agreements that protect lender interests and minimize lender liability and risks in the event of the borrower's bankruptcy. Read More

This CLE course will compare Chapter 13 and 11 filings for individuals; review the unique issues that apply in individual Chapter 11 cases, such as the debtor's post-petition income, estate property, and living expenses; and outline attorney-client privilege and ethical complexities inherent in thes... Read More

This CLE course will provide bankruptcy attorneys with an analysis of the most recent 11th Circuit TOUSA ruling, discuss the impact of the ruling on practices of commercial lenders and other market participants, and outline best practices for secured lenders dealing with distressed companies. Read More

This CLE course will provide practitioners with a solid understanding of the scope and limits of the safe harbor provisions for financial contracts. The panel will analyze lessons from recent case law and outline best practices for defending the preference and fraudulent transfer safe harbor. Read More

This CLE course will provide bankruptcy counsel with an examination of the issue of debtor insolvency in avoidance actions and fraudulent transfers. The panel will outline the various issues that arise in proving insolvency under the balance sheet test and evidentiary issues such as records and use... Read More

This CLE course will provide bankruptcy attorneys with a thorough review of the Section 363 sale process and examine the associated risks and opportunities. The panel will outline best practices for counsel to buyers and secured creditors involved in Section 363 sales. Read More

This CLE course will prepare bankruptcy counsel to navigate the complex rules to determine whether a contract in a bankruptcy proceeding is executory. The panel will also discuss whether contracts fit within any "special" categories of executory contracts and how the contracts will be treated throug... Read More

This CLE course will provide bankruptcy litigators with a review of the practical ramifications of the Stern decision on the claims process, its impact on fraudulent transfer and preference litigation, and how similar issues have been raised and decided in cases and pending bankruptcies to date. Read More

This CLE course will discuss the potential pitfalls in distressed lending and strategic investment, and provide practical guidance and tips for lenders at each of the major stages of a transaction--from loan origination through the borrower's reorganization. Read More

This CLE course will provide bankruptcy attorneys with an analysis of the most recent TOUSA rulings, discuss the impact of the rulings on the practices of commercial lenders and other market participants, and outline strategies for leveraging these new TOUSA rulings. Read More

This CLE course will prepare counsel to lenders and creditors to deal with the common pitfalls in avoidance and preference litigation when the borrower is insolvent or in bankruptcy. The panel will outline best practices to protect security interests and other payment rights. Read More

This CLE course will provide guidance for bankruptcy counsel on the implications of the attorney-client privilege for stakeholders in the bankruptcy process--debtors, creditors, committees and professionals. The panel will discuss legal strategies for preserving the privilege and leveraging the work... Read More

This CLE course will provide attorneys for debtors and creditors with a thorough review of the requirements for a bankruptcy plan confirmation, the mechanics of bankruptcy cram downs, and strategies for debtors and creditors in negotiating and objecting to a plan cram down. Read More

This CLE course will review and analyze trends and recent legal developments affecting asset sales for bankruptcy attorneys. The panel will offer practitioners guidance on leveraging these emerging strategies in future asset sales. Read More

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. Read More

This CLE course will provide bankruptcy attorneys with a solid understanding of the safe-harbor provisions of the bankruptcy code for derivatives contracts and analyze the lessons from the Lehman bankruptcy cases. The panel will outline best practices to minimize risk when a significant counterparty... Read More

This CLE course will provide bankruptcy strategies for defaulting commercial real estate companies and their lenders. The panel will focus on the lessons learned from In re General Growth Properties and the impact of the BAPCPA amendments on single asset real estate rules. Read More

This CLE seminar will discuss strategies for counsel involved in Section 363 sales and acquisitions, including a thorough briefing of the evolving risks and benefits and best practices for executing a distressed company M&A deal. Read More

This seminar will discuss the bankruptcy litigation and rulings to date in General Growth Properties, the impact of the case for special purpose entities and the commercial mortgage based securities market, and best practices for lenders and debtors in real estate bankruptcy reorganizations. Read More

This seminar will discuss recent developments and trends in Chapter 11 bankruptcy financing, the impact for debtor companies and lenders, and best practices for debtors and lenders in weighing their bankruptcy options. Read More

This seminar will analyze the Bankruptcy Code's complex treatment of employment agreements and wage and benefit plans, including executive compensation, retention and bonus plans, and other employment issues that arise in various stages of the bankruptcy process. Read More

This seminar will examine unexpected traps in perfecting security interests and analyze the often confusing perfection rules for different types of collateral, enforcement actions and disputes, The panel will outline best practices for protecting security interests in the event of default or bankrup... Read More

This seminar will analyze the benefits and risks facing a company that is weighing whether to use a prepackaged or a prenegotiated plan for a Chapter 11 reorganization and will outline strategies for the business debtor in negotiating the plan with creditors. Read More

This seminar will discuss the standards and best practices for prosecuting and defending bankruptcy avoidance actions and analyze the Bankruptcy Code's limitations on and safe harbors for avoidance actions. Read More

This seminar will review the Section 363 bankruptcy sale process, the expanding use of credit bids by investors in distressed debt, the implications of the Clear Channel case on credit bids, and offer best practices for buyers and secured creditors involved in Section 363 sales. Read More

This seminar will explain the impact of the credit market crunch on Chapter 11 exit financing, weigh the benefits and risks of reorganizing versus liquidating, and recommend strategies for bankrupt companies seeking exit financing. Read More

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