No CLE

This panel will discuss different tactics creditors use to pursue the collection of debt, how debtors can defend against collection efforts and pursue claims when a creditor has gone too far, how creditors can minimize their exposure to such claims, and the potential impacts of pre-petition proceedings on creditors and debtors when a debtor files a bankruptcy petition.

This panel will cover recent developments in liability-management transactions, a.k.a. creditor-on-creditor violence. The panelists will discuss the mechanics of uptier, drop-down and double-dip transactions, approaching each type of deal from the viewpoints of various parties in interest.

Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S. and foreign laws implicate victims’ recoveries, as well as potential changes to those laws.

Using illustrative scenarios and case studies, this panel of experts from the U.S., U.K., Singapore, the Netherlands and Spain will discuss the possibilities for binding dissenting classes of stakeholders to restructurings in their respective jurisdictions.

This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.

Bankruptcy attorneys must carefully review debtor documents every day, as small details could cause big headaches if they are not caught. This panel will discuss red flags to look for when reviewing security documents, powers of attorney, notarizations and other documents.

This panel will discuss the changes and trends in dealing with distressed commercial real estate, including commercial office buildings, high-rise office buildings, medical offices, apartments, nursing homes and shopping centers, among other assets. We also will discuss loan workouts, remedies for distressed loans such as receiverships, foreclosures, deed of trust sales, deeds in lieu of foreclosure, guarantees, abandonment or turnover of assets and bankruptcy, and landlord/tenant issues and their impact on the landlord’s loan. The topics in this interactive discussion apply to and are not unusual for attorneys experienced in real estate finance, loan workouts, receiverships, bankruptcy and lender liability.