This one-day seminar is designed to provide a discussion of the duties, considerations and compliance issues involved with lender liability in Indiana and will be presented by a diverse group of professionals who are knowledgeable and experienced in the law.
Topics to be discussed include:
- Loan Documentation Provisions And Legal Counsel Duties
- Bankruptcy Considerations
- Fair Credit Reporting Act And Other Compliance Issues
- Liability And Litigation Issues
- Environmental Considerations
8:30 a.m. - 9:45 a.m.
I. Loan Documentation Provisions And Legal Counsel Duties
A. Documentation Provisions – Discussion And Samples
B. Credit Agreements And Credit Agreement Amendments
C. Guaranties; Consent And Confirmation Of Guaranty
D. Pre-Workout Letters
E. Forbearance Agreements
F. Participation Agreements
G. Syndication Agreements
H. Nondisturbance And Attornment Agreements
9:45 a.m. - 9:55 a.m.
9:55 a.m. - 11:10 a.m.
II. Bankruptcy Considerations
A. Brief Overview Of Bankruptcy
B. How Bankruptcy Changes The Equation For Lenders
C. Risks Of Filing An Involuntary Bankruptcy
D. Fraudulent Transfers
E. Equitable Subordination
11:10 a.m. - 12:10 p.m.
III. A Potpourri Of Compliance Issues
A. Equal Credit Opportunity Act
B. Fair Credit Reporting Act
C. Real Estate Settlement Procedures Act
D. Fair And Accurate Credit Transactions Act Of 2003
E. Anti-Tying Restrictions
12:10 p.m. - 1:10 p.m.
Lunch (On Your Own)
1:10 p.m. - 2:15 p.m.
IV. Theories Of Liability And Litigation Considerations
A. Breach Of Contract
C. Breach Of Fiduciary Duty
D. Fraud And Misrepresentation
2:15 p.m. - 2:25 p.m.
2:25 p.m. - 3:30 p.m.
V. Environmental Considerations
A. Innocent Landowner Defense To CERCLA
B. Mortgage Enforcement Considerations
C. Recent Developments
3:30 p.m. - 4:30 p.m.
VI. The Real World: Panel Discussion Of Loan Officers And Bank In-House
Counsel (Including Questions And Answers)