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Who should attend Enforcing Commercial Bank Loans
This seminar is designed for attorneys, loan officers, presidents, vice presidents, branch managers, collections and credit managers, and loan department personnel.
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Enforcing Commercial Bank Loans  

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This seminar is designed for attorneys, loan officers, presidents, vice presidents, branch managers, collections and credit managers, and loan department personnel.

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Seminar Summary:

This seminar will cover topics that will make you aware of current issues affecting commercial loan enforcement to better serve your employer and/or clients. (see full course description)

 
 

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Training Course Syllabus:


This program will benefit persons involved in commercial banking, especially loan officers and their counsel involved in making, servicing and enforcing commercial loans. Minimizing or avoiding lender liability, and at the same maximizing recoveries, is the desire of all professionals involved with troubled loans. It is essential that anyone involved in commercial banking be aware of applicable laws and issues in the areas of loan workouts, lender liability and bankruptcy. The purpose of this seminar is to make you aware of current issues affecting commercial loan enforcement to better serve your employer and/or clients.

Three experienced Wisconsin attorneys will discuss these topics:

  • Documentation: Where It All Begins
  • Special Issues With Agricultural Loan Documents
  • Workouts And Forbearance Issues
  • Avoiding Lender Liability Claims
  • Remedies Enforcing Lender Rights
  • Bankruptcy: General Principles
  • Reorganization Issues In Chapter 11 And Chapter 12

9:00 a.m. - 9:50 a.m.

I. Documentation: Where It All Begins

A. The Indebtedness

B. Personal Property

C. Perfection Issues Under Revised Article 9 Of The UCC

D. Real Estate

1. Description/Survey Issues

2. Title Insurance And Endorsements

3. Environmental Assessments

E. Insurance, Appraisals, Financial Information

F. Officer Notes

G. Electronic Filings, Searches, And Documents

9:50 a.m. - 11:00 a.m.

(Break 10:15 a.m. - 10:30 a.m.)

II. Special Issues With Agricultural Loan Documentation

11:00 a.m. - 11:50 a.m.

III. Workouts And Forbearance Issues

A. Goals And Objectives

B. Workout Or Forbearance Agreement

1. Acknowledgments

2. Default Provisions

3. Specific Real Estate Issues

4. Personal Property Liquidation Provisions

5. Addressing Accounts Receivable Collection

6. Cooperation By The Borrower

C. Additional Documentation

11:50 a.m. - 12:50 p.m.

Lunch (On Your Own)

12:50 p.m. - 1:40 p.m.

IV. Avoiding Lender Liability Claims

A. Discretionary Clauses In Credit Agreements – When To Use Them

B. When Does 'Monitoring' Become Management And Control For Purposes Of Lender Liability Claims

C. The Implied Duty Of Good Faith And Fair Dealing In Lender Liability Claims

D. Possible Pitfalls Of The Loan Officer Memo

E. Checklist For Minimizing Lender Liability Claims

F. Recent Wisconsin Case Law In Lender Liability Law

G. Emerging Issues

1:40 p.m. - 3:00 p.m.

(Break 2:15 p.m. - 2:30 p.m.)

V. Remedies Enforcing Lender Rights

A. The Demand/Turn Over Letter

B. Deposit Account Set Offs

C. Other Pre-Lawsuit Remedies Including Collection Of Receivables

D. Replevin Lawsuits And Injunctive Relief

E. Self Help Repossession And Breaching The Peace

F. Supplemental Examinations

G. Receiverships

H. Recent Case Law

I. Ethics In Collection

3:00 p.m. - 3:45 p.m.

VI. Bankruptcy: General Principles

A. Introduction To The Bankruptcy Code

B. Automatic Stay And Property Of The Estate

C. Discharge And Dischargeability

D. Filing Claims

E. Executory Contracts

F. Preferences

G. Fraudulent Transfers

H. Involuntary Petitions

3:45 p.m. - 4:30 p.m.

VII. Bankruptcy: Reorganization Issues In Chapter 11 And Chapter 12

A. Chapter 11

1. First Day Orders

a. Cash Collateral

b. DIP Loans

c. Approval Of Retention Of Professionals

d. Employee Wages

e. Necessary Vendors

f. Utility Protection

2. Determining Your Options

a. Collateral And Valuation Issues

b. Reclamation

c. Financial Viability

3. Time Frames And Procedure

4. Sources Of Information

5. Plan Treatment

a. Classification

b. Cramdown

c. Absolute Priority Rule

d. Injunctions

6. Creditor Plans

7. Use Of Trustees And Examiners

B. Chapter 12

1. Initial Concerns: Does The Collateral Still Exist?

2. Valuation Issues

3. Time Frames

4. Plan Terms

Seminar Summary:

This seminar will cover topics that will make you aware of current issues affecting commercial loan enforcement to better serve your employer and/or clients. (see full course description)

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