Learn how to use the chapter 11 process to your advantage and counter the other side’s actions.
This program will benefit both the person looking for a refresher on major Chapter 11 bankruptcy issues as well as the seasoned practitioner seeking to understand better some of the cutting-edge issues arising in typical commercial bankruptcy cases. The topics will be examined from a perspective of what ordinary borrowers and lenders in commercial cases often will seek to do to use the Chapter 11 process to their advantage and counter the other side’s actions. The presentation will leave the participant better equipped to understand the questions that are likely to arise if a client files for bankruptcy or is a creditor of a Chapter 11 filer.
Learning Objectives
- You will be able to review the effect of bankruptcy filing.
- You will be able to explain the atutomatic stay.
- You will be able to discuss lender actions and borrower responses.
- You will be able to identify Chapter 11 plan confirmation.
Agenda
Effect of Bankruptcy Filing - What Happens Next?
Turnover, Rent Receiver - Who Has to Give What Back?
Automatic Stay - How Automatic, How Much Is Stayed, How to End?
Lender Actions and Borrower Responses - Who Will Try to Do What?
Claim Amounts - What Else Besides Principal and Interest?
Chapter 11 Plan Confirmation
- Who Can File and When?
- Exclusivity
- Classes and Votes
- Powers and Effects of Plan
Speakers
Gary F. Eisenberg,
Perkins Coie LLP- Heading the CMBS Industry Group at Perkins Coie LLP, the law firm that has represented the widest and deepest group of special servicers in the CMBS space since the advent of the industry in the early 1990s
- Representing parties in disputes involving over $1 billion of CMBS issuance
- Frequent proposing of plans of reorganization filed by secured and unsecured creditors to expedite bankruptcy resolutions
- Representing parties in “bet the company” litigation involving financial distress
- Advocating on behalf of holders of over $400 million of original issue tax-free bonds in Puerto Rico restructuring proceedings, including challenging constitutionality of “emergency” financial measures
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, branch managers, loan officers, loan department personnel, credit and collection managers, and accountants.
