This seminar involves a comprehensive discussion of bankruptcy and strategies that can be employed in representation.
- Discussion of a wide range of critical business bankruptcy issues
- Current law on important evolving bankruptcy areas
- Learn how to minimize the impact of a borrower's bankruptcy before the bankruptcy occurs
- Learn what you need to do as soon as the bankruptcy is filed, and what goals you should pursue in the bankruptcy
9:00 a.m. - 10:30 a.m.
I. Bankruptcy Sales
A. Sales Within/Outside The Ordinary Course Of Business
B. Bid Incentives
C. Representations And Warranties
D. The Notice Requirement
E. Collusive Bidding
F. Sales Of All/Substantially All Of The Debtor's Assets
G. Sales Free And Clear Of Liens
H. Sales Free And Clear Of Co-Owner's Interests
I. Setting Aside The Sale
J. Appealing Sales Orders
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:15 p.m.
II. The Creditors' Arsenal: Maximizing
A. Precautions With A Troubled Debtor
1. Avoiding Avoidable Preferences
2. Workout Agreements
B. Immediate Concerns When A Bankruptcy Petition Is Filed
1. Reclamation Rights
2. Cash Collateral
3. Automatic Stay, Setoff And Freeze
4. Assumption Or Rejection Of Contracts
5. Filing Proofs Of Claims
6. Challenges To Discharge
C. Types Of Bankruptcies
1. Chapter 7 Liquidation
2. Chapter 13
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:45 p.m.
III. Chapter 11 Plan Of Reorganization
A. The Status Of The New Value Exception To The Absolute Priority Rule
B. Purchase Of Claims In The Context Of The Confirmation Process
C. Classification Issues
D. Preservation Of Avoidance Claims
E. Competing Plan Issues
F. Common Confirmation Pitfalls And Objections
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
IV. Corporate Governance
A. The Shift In Duties Arising On Insolvency
1. Duty Shifts From Shareholders To Include Creditors
2. Insolvency Effects On The Substance Of Business Transactions
B. Corporate Governance In Chapter 11
3:30 p.m. - 4:00 p.m.
V. Fiduciary Obligations
A. Bankruptcy Trustee
C. Creditors' Committees
D. Counsel For The Creditors' Committee
E. Duties Of Corporate Officers
4:00 p.m. - 4:30 p.m.
VI. Ethical Obligations Of Counsel
A. Debtors' Counsel Must Be 'Disinterested'
B. Bad Faith Filings
C. Creditors' Counsel Cannot Represent An Adverse Interest In Connection With The Case
D. Limitations On Creditors' Counsel's Representations