Structuring Forbearance Agreements and Strengthening Lender Collateral Position
Crafting Deferral of Existing Defaults, Borrower Reps and Warranties, Confirmation of Lien...
September 15, 2021 • CLE • CLE On-Demand, Download
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...
Evaluating Bankruptcy, Receivership, and Assignment For the Benefit of Creditor Alternativ...
May 19, 2021 • CLE • CLE On-Demand, Download
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...
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 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.
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 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.
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 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.
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 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...
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 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.
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 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...
Bankruptcy Risks for Secured Lenders
Minimizing Claims Involving Fraudulent Transfer, Preference Challenges, Equitable Subordin...
February 26, 2013 • CLE • CLE On-Demand, Download
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...
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 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.
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 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.
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 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.
Fraudulent Conveyance Actions: TOUSA Revisited
Strategies for Lenders in Financing Transactions With Distressed Companies
May 3, 2011 • CLE • CLE On-Demand, Download
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.