This seminar is intended to provide a basic and practical overview of the collection, foreclosure and bankruptcy process.
Program highlights will include:
- Strategies In Commencing And Defending Against Creditors Remedy Litigation
- Fundamentals Of Loan Administration In Community Banks
- Work-Out And Default Considerations
- Repossession And Foreclosure
- Mechanic's Liens And The Practicable Implications For The Construction Lender
- Bankruptcy Basics
8:30 a.m. - 9:40 a.m.
I. Strategies In Commencing And Defending Against Creditors Remedy Litigation
A. Pre-Litigation Strategy
B. When, Where And Whom To Sue
C. Discovery And Litigation Tactics
9:40 a.m. - 10:40 a.m.
II. Fundamentals Of Loan Administration In Community Banks
A. Best Practices Of Experienced Credit Professionals, Including Risk Ratings, Adequacy Of Loan Loss Reserves, Loan Officer Comments, Problem Loan Actions Plans, Cash Flow Analysis, Appraisal Reviews, Collateral Inspections And Valuations, Insurance Coverage, Concentrations And Independent Loan Review
10:40 a.m. - 10:50 a.m.
10:50 a.m. - 12:00 p.m.
III. Work-Out And Default Considerations
A. Preliminary Considerations On Default
B. Forbearance And Restructuring Agreements
C. Default And Waiver Issues
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Repossession And Foreclosure
A. Personal Property Foreclosures Under Revised Article 9
1. Collection Enforcement Rights Against Account Debtors And Others
2. Repossession (Self-Help vs. Claim And Delivery)
3. Foreclosure Options
4. Liability For Non-Compliance
B. Real Estate Foreclosures
1. Foreclosure By Advertisement
2. Foreclosure By Action
3. Voluntary Foreclosure And Deeds In Lieu
4. Receiverships And Assignments Of Rents
2:00 p.m. - 3:00 p.m.
V. Mechanic's Liens And The Practicable Implications For The Construction Lender
A. General Overview Of Mechanic's Lien Laws
B. Perfection And Priority Issues
C. Title Insurance And Loan Disbursements Issues
D. Mechanic's Lien Foreclosure Actions And Available Defenses Thereto
3:00 p.m. - 3:10 p.m.
3:10 p.m. - 4:30 p.m.
VI. Bankruptcy Basics
A. Voluntary vs. Involuntary Bankruptcy
B. Automatic Stay
C. Types Of Bankruptcy Cases
D. Cash Collateral Issues
E. Bankruptcy Discharge-Reaffirmation
F. Preference Litigation