Drafting the Most Effective Settlement Agreements

This program will explore techniques and issues in the drafting of effective settlement agreements both before and after a bankruptcy filing. Pre-filing drafting issues will include such “bankruptcy-proofing” matters as the risk of a paying party’s filing, including a preference or fraudulent transfer attack, the running of a statute of limitations, “bad-boy guarantees,” and the preservation of nondischargeability. Post-filing and general drafting issues will include governing law, conditions to effectiveness, completion mechanics, penalties, factual recitations, notice, scope of general releases, judicial involvement and follow-up mechanics.