The number of bankruptcy filings and distressed businesses has dramatically increased. This seminar includes a comprehensive discussion of bankruptcy. Panel members experienced in representing debtors, creditors, and trustees will explore related issues. Whether you are a bankruptcy attorney who wants to improve your knowledge of the law, or someone who wants to understand fully the impact of bankruptcy in a transaction or litigation that you are involved in, this seminar is for you.
- Evaluate how tax considerations will affect a debtor
- Use of technology escrows to protect intellectual property assets in a bankruptcy case
- Tools to evaluate whether the assumption of an intellectual property license will benefit your client
- How to defend clients from a bankruptcy trustee's avoidance powers
- Maximizing the availability of financing for a debtor in possession
- How to draft chapter 11 disclosure statements and plans that creditors will want to accept
8:30 a.m. - 8:40 a.m.
B. Goals Of Presentations
8:40 a.m. - 10:15 a.m.
II. Tax Issues In Bankruptcy
A. Overview Of Tax Considerations In Bankruptcy
B. Net Operation Loss Rules For Businesses
C. Discharge Of Undebtedness Tax Issues
D. Setting Up, Accounting And Tax Considerations Of Creditor Trusts
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:45 a.m.
III. Treatment Of Intellectual Property In Bankruptcy
A. Intellectual Property, Its Proceeds And Products As Property Of The Estate
B. Automatic Stay And Relief From The Automatic Stay To Proceed Against Intellectual Property Assets
C. Trustee Avoidance Powers And The Use Of Technology Escrows
D. Treatment Of Intellectual Property Licenses Under The Bankrupcty Code
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 2:00 p.m.
IV. Debtor In Possession Financing
A. Overview Of The Differnce Between Debtor In Possession Financing And Cash Collateral
B. Basic Legal Rules Pertaining To Debtor In Possession Financing
C. Dynamics Of Document Preparation
D. Specialized Provision For Debtor In Possession Loan Documents
E. Hot Buttons – Trouble Spots – Problem Areas
2:00 p.m. - 3:15 p.m. (Break 2:30 p.m. - 2:45 p.m.)
V. Trustee's Avoidance Powers
A. Strong Arm Clause
C. Fraudulent Conveyance
3:15 p.m. - 4:30 p.m.
VI. Chapter 11 Plan Drafting (Presented In 'Case Study' Format)
A. Step By Step Drafting Of Disclosure
B. Plan Drafting Considerations