Bankruptcy Code Changes Under the 2021 Consolidated Appropriations Act and Bankruptcy Reli...
Rent Holidays, Preferences, Cure Obligations, Bifurcated Standards, Administrative Expense...
April 7, 2021 • CLE • CLE On-Demand, Download
This CLE webinar 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 r...
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Subordination and Recharacterization of Claims in Bankruptcy: Avoiding Pitfalls for Lender...
Navigating Circuit Split in Bringing or Defending Bankruptcy Preference Actions
March 17, 2021 • CLE • CLE On-Demand, Download
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 their priority status against junior and unsecured creditors or borrowers facing insolvency or bankruptcy.
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Retail and Restaurant Bankruptcies: Current Issues for Debtors, Landlords, and Vendors
Assumption or Rejection of Leases, Franchise Agreements, Gift Cards, Consignment Rights, a...
February 17, 2021 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Bankruptcy Committees: Strategies to Maximize Distribution to All Creditors
DIP/Cash Collateral Challenges, Ensuring Adequate Disclosures, Opposing Incentive Programs...
February 10, 2021 • CLE • CLE On-Demand, Download
This CLE webinar 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, and ad hoc committees provide creditor groups that sha...
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Section 523 Nondischargeability Litigation: Plaintiff and Defense Strategies
Claims for Relief, Motions to Dismiss, Motions for Summary Judgment, Collateral Estoppel,...
December 21, 2020 • CLE • CLE On-Demand, Download
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...
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Navigating D&O Fiduciary Duties in the Zone of Insolvency
Avoiding and Defending Fiduciary Duty Claims and Maximizing D&O Insurance Coverage
November 5, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 those duties may be enforced by creditors. The webinar will offer strategies to av...
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Amended Section 547(b): New Requirements, New Defenses
Ending the Practice of Filing Preference Actions Without Assessing the Merits
September 1, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will guide attorneys on amended 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 reasonably knowable affirmative defenses." This webinar w...
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Ponzi Scheme Clawback Litigation in Bankruptcy
Strategies for Bringing or Defending Trustee Clawback Claims
August 26, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Structuring Forbearance Agreements and Strengthening Lender Collateral Position
Crafting Waiver of Existing Defaults, Borrower Reps and Warranties, Confirmation of Liens,...
August 19, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 s...
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Treatment of Make-Whole and No-Call Provisions in Bankruptcy
Navigating the Circuits on Prepayment Premium Provisions; Guidance for Drafting Loan Docum...
July 15, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide bankruptcy and lender counsel with a review of the 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 agreements a...
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The In Pari Delicto Defense to Bankruptcy and Other Claims Against Directors, Officers, an...
Anticipating or Raising the Defense in Bankruptcy and Other Asset Recovery Litigation
June 10, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will discuss developments in asset recovery litigation against officers, directors, and outside professionals of distressed or insolvent companies, in particular the evolving and complex in pari delicto defense that may bar recovery by trustees, receivers, and creditors.
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Credit Bidding in Bankruptcy Sales: Asserting and Defending Against Credit Bids
Resolving Intercreditor Disputes and Taking Collective Action Under Syndicated Facilities
April 29, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Post-Petition Bankruptcy Financing
Evaluating and Documenting DIP Financing and Obtaining Cash Collateral and Financing Order...
February 27, 2020 • CLE • CLE On-Demand, Download
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.
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Intersection of Bankruptcy and State Foreclosure Laws
Protecting Foreclosure Remedies and Overcoming Bankruptcy Pitfalls When Dealing With Distr...
February 19, 2020 • CLE • CLE On-Demand, Download
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 in personal property and commercial real estate. The panel will outline strategies to minimize risks in exercising foreclos...
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Discharging Student Loan Debt in Bankruptcy: Borrower and Creditor Perspectives
Bankruptcy Code Provisions; Educational Loan Types; Relevant Cases; Partial Discharge; Spe...
December 11, 2019 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Issues in the Cannabis Industry: Strategies Under State and Federal Law for Mar...
State-Appointed and Private Receiverships, Alternative Restructurings, Assignments for the...
November 13, 2019 • CLE • CLE On-Demand, Download
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...
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Advanced Preference Litigation in Bankruptcy: Leveraging Key Defenses
Payments to Trade Creditors, Earmarking, Critical Vendor, Claim Waivers and Set-Off Defens...
November 7, 2019 • CLE • CLE On-Demand, Download
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.
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Litigation Trustee and Committee Claims Against Insiders, Auditors, and Other Third Partie...
Addressing Limitations on Recovery Such as In Pari Delicto, Standing, D&O Policies as Prop...
October 15, 2019 • CLE • CLE On-Demand, Download
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...
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Executory Contracts and Leases in Bankruptcy: Strategies for Non-Debtors
Anticipating Insolvency; Drafting and Transactional Issues; Pre- and Post-Petition Options...
April 2, 2019 • CLE • CLE On-Demand, Download
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.
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Prepackaged and Prenegotiated Chapter 11 Reorganizations: Debtor and Creditor Strategies
Restructuring Support Agreements, Valuation, Credit Bidding and More
March 8, 2018 • CLE • CLE On-Demand, Download
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...
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Exercising Setoff and Recoupment Rights in Bankruptcy
Mutuality of Obligation; Disputed Transactions; Relief From Automatic Stay
November 21, 2017 • CLE • CLE On-Demand, Download
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...
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Fraudulent Transfer Claw-Back Litigation Post Tribune, Lyondell and SemGroup
Litigating Avoidance Actions Under the Bankruptcy Code and State Law Constructive Fraudule...
June 1, 2017 • CLE • CLE On-Demand, Download
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...
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Trust Indenture Act and Involuntary Restructurings: Impact of Marblegate and Caesars Bankr...
Navigating Obligor and Bondholder Rights, Implications for the 144A-for-Life Market
April 25, 2017 • CLE • CLE On-Demand, Download
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...
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Bringing Avoidance Actions Against Foreign Transferees: Choice of Forum, Personal Jurisdic...
Best Practices for Debtors-in-Possession, Trustees, Authorized Committees and Liquidating...
January 25, 2017 • CLE • CLE On-Demand, Download
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...
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Single Asset Real Estate Cramdown: Analyzing Impaired Accepting Class and Per-Plan vs. Per...
Navigating Plan Confirmation Challenges for Real Estate Debtors and Senior Mortgage Lender...
December 21, 2016 • CLE • CLE On-Demand, Download
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...
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Debt Restructuring and Indenture Amendments: Curing Ambiguities, Navigating Competing Inte...
Lessons From GSO Coastline Credit Partners v. Global A&T Electronics
September 22, 2016 • CLE • CLE On-Demand, Download
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...
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Leveraging Receivership as a Bankruptcy Alternative: Financial Restructuring, Disposition...
Representing Receivers and Litigating With Receivers in Federal and State Court
August 23, 2016 • CLE • CLE On-Demand, Download
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...
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Bankruptcy 546(e) Safe Harbor Exemptions for Swaps, Securitized Loan Payments, LBO Shareho...
Latest Developments in the Application of 546(e) to Financial Transactions and Securities...
March 1, 2016 • CLE • CLE On-Demand, Download
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...
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Lien Stripping in Chapter 11 Bankruptcy Cases: Lessons for Secured Creditors
Guidance for Secured Creditors on Lien Ride-Throughs After In re N. New Eng. Tel. Operatio...
January 27, 2016 • CLE • CLE On-Demand, Download
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.
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Uniform Voidable Transactions Act: One Year After the UFTA Amendments
Navigating New Rules for Choice of Law, Burdens of Proof, Reasonably Equivalent Value and...
January 5, 2016 • CLE • CLE On-Demand, Download
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.
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Equipment Financing Risks in Bankruptcy: Implications of Lease vs. Secured Transaction
Treatment of Equipment Leases in Bankruptcy and Recharacterization of Lease as a Sale
September 22, 2015 • CLE • CLE On-Demand, Download
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...
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Representing Bankruptcy Post-Confirmation Liquidation and Litigation Trusts
Structuring the Entity Agreement, Managing the Trust, and Representing the Trust as Genera...
August 11, 2015 • CLE • CLE On-Demand, Download
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.
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The 2014 Amendments to the Uniform Fraudulent Transfer Act: Preparing for the New Rules
Navigating New Rules for Choice of Law, Burdens of Proof, Reasonably Equivalent Value and...
December 9, 2014 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Plan Confirmation Challenges: New Value, Vote Changes, Third-Party Guaranties,...
Recent Updates on Key Issues for Obtaining Plan Approval or Objecting to a Plan
November 18, 2014 • CLE • CLE On-Demand, Download
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...
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Single Asset Real Estate Bankruptcy Challenges for Secured Lenders and Debtors
Navigating New Value Plans, Section 1111(b) Election, Cramdown Interest Rate After Momenti...
November 11, 2014 • CLE • CLE On-Demand, Download
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...
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Fraudulent Transfer Claims: LBOs and Sec. 546(e), Law Partner Profit Clawbacks, Jurisdicti...
Leveraging Latest Case Law Developments in Bringing and Defending Against Claims in Fraudu...
July 22, 2014 • CLE • CLE On-Demand, Download
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...
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Cross-Collateralization Clauses in Bankruptcy: Enforcement Challenges for Lenders
Resolving Lender Priority Disputes and Protecting Collateral in the Face of Dragnet Clause...
April 8, 2014 • CLE • CLE On-Demand, Download
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.
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Tronox v. Kerr-McGee: Game Changing Ruling on Fraudulent Transfer and Spin-Offs to Shed Le...
Navigating Complex Issues of Fraudulent Conveyance, Statute of Limitations, Stern v. Marsh...
February 12, 2014 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Section 506(c) Surcharge on Secured Collateral
Seeking or Defeating Recovery of Expenses for Preserving or Disposing of Collateral
December 17, 2013 • CLE • CLE On-Demand, Download
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...
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Post Stern v. Marshall: Navigating Uncertainties in Bankruptcy Claims Litigation
Arguing Issues of Fraudulent Transfer/Preference and Ponzi Clawback Claims, Waiver and Con...
November 26, 2013 • CLE • CLE On-Demand, Download
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...
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Lien Stripping in Consumer Bankruptcy: Bringing or Defending Actions to Avoid Junior Mortg...
Applying Divergent Case Law in Chs. 7, 13 and "20" Filings: What Works and What Doesn't
October 8, 2013 • CLE • CLE On-Demand, Download
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.
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Lien Stripping in Consumer Bankruptcy
Bringing or Defending Actions to Avoid Junior Mortgage Liens
October 8, 2013 • CLE • CLE On-Demand, Download
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.
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Ipso Facto Clauses: Not Always Unenforceable in Bankruptcy
Navigating What the Code Does and Doesn't Prohibit, Leveraging Recent Conflicting Court Ru...
September 17, 2013 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Risks for Second Lienholders
Overcoming Challenges With Lien Stripping, Sect. 363 Sales, Intercreditor Agreements and M...
August 27, 2013 • CLE • CLE On-Demand, Download
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.
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Absolute Priority Rule: How Absolute is Absolute?
Navigating the New Value Exception, Competitive Bidding and Gifting Strategies in Business...
August 13, 2013 • CLE • CLE On-Demand, Download
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...
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Liquidating Chapter 11 Cases
Formulating Liquidation Plan Strategies and Navigating Implications for Creditors
July 17, 2013 • CLE • CLE On-Demand, Download
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...
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Individual Chapter 11 Cases and the Absolute Priority Rule: Latest Developments
Navigating Divergent Court Interpretations of the Rule and Impact on Filings by Individual...
May 21, 2013 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Remoteness and Single-Asset Real Estate Cases
Navigating the Evolving Landscape of Commercial Real Estate Bankruptcies
April 9, 2013 • CLE • CLE On-Demand, Download
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.
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Advanced Issues in Bankruptcy Asset Sales: Potential Opportunities and Pitfalls for Buyers
Navigating the Complexities of IP Assets, Successor Liability, Joint and Consortium Biddin...
March 27, 2013 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Risks for Secured Lenders
Minimizing Claims Involving Fraudulent Transfer, Preference Challenges, Equitable Subordin...
February 26, 2013 • CLE • CLE On-Demand, Download
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...
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Tax Issues in Consumer Bankruptcies
Navigating Discharge of Tax Liability, Impact of Tax Obligations on Means Testing, and Deb...
January 15, 2013 • CLE • CLE On-Demand, Download
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...
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Collateral Protection for Financial Assets: Current Legal Trends
Best Practices for Protecting Collateral in a Post-Lehman and MF Global World
December 4, 2012 • CLE • CLE On-Demand, Download
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.
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Lien Stripping in Consumer Bankruptcy
Bringing or Defending Actions to Avoid Junior Mortgage Liens
November 8, 2012 • CLE • CLE On-Demand, Download
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.
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State Law Fraudulent Transfer Claims: Reversion to Individual Creditors
Bringing and Defending Claims Abandoned by the Trustee or Estate
October 25, 2012 • CLE • CLE On-Demand, Download
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...
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Stern v. Marshall: One Year Later
Navigating the Impact of the Ruling on Fraudulent Transfer, Preference and Other Bankruptc...
September 13, 2012 • CLE • CLE On-Demand, Download
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.
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Loan Forbearance Options and Waivers After Default
Crafting Forbearance Agreements That Minimize Lender Liability and Bankruptcy Risks
September 5, 2012 • CLE • CLE On-Demand, Download
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.
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Chapter 11: Handling the Individual Debtor Case
Debtor and Creditor Challenges With Post-Petition Income, Estate Property, Plan Confirmati...
August 7, 2012 • CLE • CLE On-Demand, Download
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...
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Fraudulent Conveyance Actions: Responding to TOUSA III
Lessons for Lenders in Financing Transactions With Distressed Companies
July 11, 2012 • CLE • CLE On-Demand, Download
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.
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Section 546(e) Bankruptcy Safe Harbor Exemptions: Recent Developments
Avoiding or Defending Fraudulent Transfer and Preference Challenges to Securities Transact...
June 28, 2012 • CLE • CLE On-Demand, Download
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.
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Tenant Bankruptcy: Assumption and Rejection of Commercial Leases
Protecting Landlord and Tenant Interests Under the Bankruptcy Code
June 7, 2012 • CLE • CLE On-Demand, Download
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...
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Proving or Contesting Debtor Insolvency Under the Balance Sheet Test
Analyzing Insolvency in Preference and Fraudulent Transfer Litigation
May 10, 2012 • CLE • CLE On-Demand, Download
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...
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Section 363 Bankruptcy Sales
Navigating the Sale Process and Negotiating the Asset Purchase Agreement
March 22, 2012 • CLE • CLE On-Demand, Download
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.
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Executory Contracts in Bankruptcy: Navigating the Legal Ambiguities
Best Practices for Debtors and Creditors in Assuming or Rejecting Contracts
March 1, 2012 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Litigation: Far-Reaching Impact of Stern v. Marshall
Navigating the Broad Implications for Fraudulent Transfer, Preference and Other Claims Lit...
October 13, 2011 • CLE • CLE On-Demand, Download
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.
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Distressed Lending and Strategic Investment for Secured Lenders
Structuring Loan Documentation and Protecting Rights and Remedies in Distressed Situations
September 20, 2011 • CLE • CLE On-Demand, Download
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.
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Fraudulent Conveyance Actions: TOUSA Revisited
Strategies for Lenders in Financing Transactions With Distressed Companies
May 3, 2011 • CLE • CLE On-Demand, Download
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.
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Bankruptcy Litigation Strategies for Secured Lenders and Other Creditors
Minimizing Risks of Fraudulent Conveyance, Preference Challenges and Avoidance Actions
October 12, 2010 • CLE • CLE On-Demand, Download
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.
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Bankruptcy: Attorney-Client Privilege and Work Product
Protecting and Maintaining Confidentiality and the Work Product Defense
September 30, 2010 • CLE • CLE On-Demand, Download
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...
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Bankruptcy Reorganization Plans: Recent Trends and Developments
Strategies for Debtors and Creditors to Navigate Complex Plan Confirmation Rules
June 22, 2010 • CLE • CLE On-Demand, Download
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.
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Bankruptcy Asset Sales: Emerging Legal Strategies
Best Practices for Debtors and Creditors in Section 363, 1123 and 1129 Sales
June 8, 2010 • CLE • CLE On-Demand, Download
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.
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Leveraged Buyout Transactions Under Heightened Scrutiny in Bankruptcy
Withstanding Creditor Challenges to Fraudulent Transfer Claims
May 26, 2010 • CLE • CLE On-Demand, Download
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.
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Derivatives in Bankruptcy: Latest Lessons From Lehman
Minimizing Risks When a Counterparty Becomes Insolvent
May 11, 2010 • CLE • CLE On-Demand, Download
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...
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Real Estate Bankruptcies: Single Asset Real Estate Rules and Lessons From General Growth
Navigating Unique Issues for Defaulting Commercial Real Estate Companies
April 27, 2010 • CLE • CLE On-Demand, Download
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.
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Leveraging Section 363 in Mergers and Acquisitions
Analyzing the Evolving Risks and Benefits of Buying and Selling Distressed Assets
December 2, 2009 • CLE • CLE On-Demand, Download
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.
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Real Estate Bankruptcies: The Impact of In re General Growth
Strategies for Real Estate Companies, Lenders and Investors Dealing With Special Purpose E...
November 4, 2009 • CLE • CLE On-Demand, Download
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.
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DIP Financing: Emerging Legal Strategies for Debtors and Lenders
Evaluating Options When Chapter 11 Financing is Scarce
October 22, 2009 • CLE • CLE On-Demand, Download
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.
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Bankruptcy and Restructuring: Navigating Employment Issues Under the Code
Best Practices to Negotiate, Modify and Terminate Employment Agreements and Benefit Plans
August 20, 2009 • CLE • CLE On-Demand, Download
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.
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UCC Secured Transactions: Avoiding Pitfalls in Perfecting Security Interests
Protecting Collateral in Bankruptcy and Enforcement Actions
June 30, 2009 • CLE • CLE On-Demand, Download
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...
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Prepackaged and Prenegotiated Chapter 11 Reorganizations
Evaluating the Benefits and Risks of Pre-Bankruptcy Restructuring Plans
June 25, 2009 • CLE • CLE On-Demand, Download
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.
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Bankruptcy Avoidance Actions: Navigating the Evolving Standards
Pursuing and Defending Preference and Fraudulent Transfer Actions
June 10, 2009 • CLE • CLE On-Demand, Download
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.
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Section 363 Bankruptcy Sales: Credit Bids and Distressed Asset Transactions
Legal Strategies for Buyers and Lenders
May 12, 2009 • CLE • CLE On-Demand, Download
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.
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Chapter 11 Exit Strategies in the Frozen Credit Market
Evaluating the Alternatives When Bankruptcy Financing is in Jeopardy
January 15, 2009 • CLE • CLE On-Demand, Download
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.
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