This CLE webinar will examine Small Business Reorganization Act of 2019 (SBRA) and its ramifications for small businesses under Chapter 11. The panel discussion will include what constitutes a "small business debtor" under the new statute, and the streamlined reorganization procedures outlined in th... Read More

This CLE webinar will provide practical guidance to counsel for both borrowers and creditors on student loan debt in bankruptcy, including bankruptcy court treatment of different types of educational loans, Bankruptcy Code provisions governing student loans, relevant cases and judicial precedent in... Read More

This CLE webinar will provide attorneys dealing with defaulted loans secured by personal property 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... Read More

This CLE webinar 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... Read More

This CLE webinar 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 webinar 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 webinar will discuss strategies and tactics for both 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 As... Read More

This CLE webinar 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 covera... Read More

This CLE webinar 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 webinar 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 webinar will provide bankruptcy counsel with a review of fiduciary duties directors and officers owe shareholders and creditors as a company faces insolvency, offer strategies to avoid and defend against breach of fiduciary duty lawsuits, and analyze the impact of bankruptcy on existing D&O... Read More

This CLE webinar will provide bankruptcy and lender counsel with a review of the recent In re Ultra Petroleum case from the Fifth Circuit, highlighting conflicts in the relevant case law and emerging theories regarding both enforceability of make-whole and no-call provisions in bankruptcy loan agree... Read More

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

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

This CLE webinar will discuss the current treatment of 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, and how creditors should evaluate and respond to such provisi... Read More

This CLE webinar 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 and priority of a consignor's interest in consi... Read More

This CLE webinar will provide an overview of developments in asset recovery litigation against officers, directors and other outside professionals of distressed or insolvent companies. The panel will also discuss the evolving and complex rules underlying the in pari delicto defense that may bar reco... Read More

This CLE webinar 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 webinar 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. The program will also address steps lenders can take during the workout process to correct deficiencies in... Read More

This CLE webinar 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... Read More

This CLE webinar 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 webinar 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 webinar will analyze the benefits and risks to a company when considering the use of a prepackaged or a prenegotiated plan for a Chapter 11 reorganization. The program will discuss the complex issues that debtors and creditors face in negotiating the plan, such as restructuring support agre... Read More

This CLE webinar 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... Read More

This CLE webinar 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 webinar 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 appli... Read More

This CLE webinar will provide practitioners who represent bankruptcy trustees and 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 webinar 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. The program will also address steps lenders can take during the workout process to correct deficiencies in... Read More

This CLE webinar 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 webinar 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 tha... Read More

This CLE webinar 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 rever... Read More

This CLE webinar 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 preference status against junior and unsecured creditors or borrowers facing insolvency or bankruptcy. Read More

This CLE webinar will discuss the doctrine of successor liability and an analysis of why that doctrine does not fit squarely with the doctrine of "free and clear" sales under Section 363(f) of the Bankruptcy Code. The program will analyze other examples of where the language in a "free and clear" sa... Read More

This CLE webinar 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 jud... Read More

This CLE webinar 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... Read More

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

This CLE webinar 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 a... Read More

This CLE webinar will provide legal advisers with guidance on the unique legal issues for exploration and production (E&P) companies in oil and gas restructurings. The panel will explain the factors making restructuring difficult, discuss the implications and potential ramifications, and outline str... Read More

This CLE webinar 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 liti... Read More

This CLE webinar 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 fraudu... Read More

This CLE webinar 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 webinar 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 webinar 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-co... Read More

This CLE webinar 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... Read More

This CLE webinar 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 webinar 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 l... Read More

This CLE webinar will discuss secured lender cramdown plan requirements, strategies for secured lenders to defeat the cramdown plan, and the current arguments for setting appropriate cramdown interest rates. Read More

This CLE webinar 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 webinar will discuss structuring third-party releases and exculpation provisions in Chapter 11 plans of reorganization, the standards that courts apply in approving releases, crafting objections to nondebtor releases, and recent case law developments. Read More

This CLE webinar 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 an... Read More

This CLE webinar 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 sele... Read More

This CLE webinar 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 Perform... Read More

This CLE webinar 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 webinar 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 webinar 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... Read More

This CLE webinar 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... Read More

This CLE webinar 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 webinar 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 webinar 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 webinar 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 webinar 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 webinar 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 enfor... Read More

This CLE webinar 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 webinar 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 competit... Read More

This CLE webinar 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, a... Read More

This CLE webinar 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 webinar 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 webinar 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 webinar 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 minimiz... Read More

This CLE webinar 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 a... Read More

This CLE webinar 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 webinar 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 webinar 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 s... Read More

This CLE webinar 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 webinar 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 webinar 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 the... Read More

This CLE webinar 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 webinar 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 webinar will provide practitioners with a review of commercial lease treatment under the Bankruptcy Code, discuss the debtor's right to assume, reject or assign executory leases, and outline best practices for both landlords and tenants seeking to protect their rights and interests in the l... Read More

This CLE webinar 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 webinar will discuss recent developments from Lehman and MF Global bankruptcies and those aspects of Dodd-Frank that are intended to address insolvency risks in derivatives products. Read More

This CLE webinar 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 webinar 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 throu... Read More

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

This CLE webinar 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 webinar 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 wor... Read More

This CLE webinar 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 webinar 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 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 to mitigate risk. Read More

This CLE webinar 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 counterpart... Read More

This CLE webinar 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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