transcript   Transcript

Preparing for Bankruptcy Risks and Industry Issues

Recorded on: Feb. 2, 2018
Running Time: 00:58:31

Full Transcript:



If you are a Privileged Member, just log in and start reading now! If you are not a Privileged Member, please click here to learn how unlimited access to PLI programs may be right for you and your firm.

To access the streaming media of this presentation, please purchase the corresponding seminar segment.

Taken from the Web Program Recent Developments in Distressed Debt, Restructurings and Workouts 2018 Recorded 2018 in New York

Preparing for Bankruptcy Risks and Industry Issues [00:58:31]

Dealing with the Lender's Potential Risks and Claims

  • Fraudulent transfers and section 546(e) defenses; Ponzi schemes – Tousa, LBOs, Madoff, Tribune; Stanford (Golf Channel)
  • Recharacterization of claims
  • Valuation issues
  • Defenses by lenders and the pushback
  • Make-Whole and prepayment premiums in bankruptcy – Momentive Performance, American Airlines, School Specialty
    • Are they unenforceable as disguised claims for “unmatured interest” disallowed in bankruptcy?Are they recoverable as part of a secured claim?
    • Does acceleration upon bankruptcy mean they’re not prepayments?
    • Are lenders with prepayment rights entitled to “expectation damages” if their loans are paid before maturity under a chapter 11 bankruptcy plan?

David M. Hillman, Joseph Samet, Janet M. Weiss

Industry Issues in Structured Finance, Lending and Derivatives

  • Intercreditor Issues
    • Types of intercreditor agreements: Multiple tranche, senior/junior, mezzanine, shared collateral; Unitranche; Treatment of Unitranche loans in bankruptcy – Radio Shack
    • Challenges to out-of-court restructurings under section 316 (b) of the Trust Indenture Act – What are the “sacred rights” of creditors that cannot be modified without consent?What did the court decide in EDMC or Caesars?
  • Collective action
    • Are members of lending syndicates bound by the actions of the agent?
    • The ability of individual syndicate members to exercise rights outside the group
  • Bankruptcy remote structuring and drafting

(CFE Field of Study: Fraud)

David M. Hillman, Joseph Samet, Janet M. Weiss


The purchase price of this Web Program segment includes the following articles from the Course Handbook available online:

  • Releases and Jevic
    Keith H. Wofford
  • Mediation in Bankruptcy
    Joseph Samet
  • Fraudulent Transfers (January 2017)
    Michael L. Cook, David M. Hillman, Brian C. Tong
  • Preference Litigation (February 2017)
    Brian C. Tong, David M. Hillman, Michael L. Cook
  • David M. Hillman and Parker J. Milender, Bankruptcy Litigation Update: Determining Adequate Capital, The Bankruptcy Strategist, Vol. 34, No. 10, Law Journal Newsletters (August 2017)
    David M. Hillman
(s)
David M Hillman ~ Schulte Roth & Zabel LLP
Joseph Samet ~ Baker & McKenzie LLP (Ret.)
Janet M Weiss ~ Dorsey & Whitney LLP
Share
Email
Transcript FAQ's
  • How Can I Access Transcripts?
    You must be a Member in good standing.

  • Can I access the Video?
    Yes, you can access the video if you have the Adobe Flash plugin installed. Click on the video camera icon when you mouse over each paragraph. The media will begin playback at that point.

  • Can I get CLE credit for reading the transcript?
    No, CLE credit cannot be earned for reading a transcript. CLE credit is issued only for verified attendance while watching a web program. If seeking credit, please verify the program's eligibility for credit and expiration date in your jurisdiction on the web segment launch page before commencing the program.

  • FOLLOW PLI:
  • twitter
  • LinkedIn
  • YouTube
  • RSS

All Contents Copyright © 1996-2018 Practising Law Institute. Continuing Legal Education since 1933.

© 2018 PLI PRACTISING LAW INSTITUTE. All rights reserved. The PLI logo is a service mark of PLI.