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The Wild West of Unconventional Lending: “I Need Money!” A Look at Factors, Merchant Cash-Advance Lenders and Litigation-Funders
This panel will discuss the various issues surrounding merchant cash advance (MCA) lenders from the perspectives of MCA lenders, debtors, the bench, and other secured creditors whose interests may be affected by MCA lenders.
Retail Bankruptcy, Redux: Before, During and After COVID
This panel will discuss changes across the retail bankruptcy landscape over the last four to five years — before, during and after the COVID-19 pandemic. The panelists will share their perspectives from the debtor, lender, landlord and judicial viewpoints, with a focus on the business, leverage, operational and legal causes and outcomes of retail bankruptcies during these unprecedented times.
Avoidance Actions
This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.
Avoidance Actions
This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.
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