New Jersey State Approved Sessions

This first session of a new “skills” seminar series will examine documents that are often used to restructure debt outside of bankruptcy. Learn the purpose and legal underpinnings of the various component parts of frequently used workout documents such as forbearance agreements, intercreditor agreements and restructuring/override agreements. The panel will focus on real-world examples of good and bad provisions of workout documents and will provide drafting tips.

"Past President's Debate: Resolved: The chapter 11 model is no longer viable for middle-market businesses. Consumer Debate: Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts. Judicial Debate: Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."

Real Estate Short Sales and Carve-Outs

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

With the economic challenges over the past five years, the lending landscape has changed dramatically. The boundaries for commercial and alternative lenders have changed, and borrowers’ options for financing are continuing to develop. Learn what commercial and alternative lenders can (and cannot) do for a borrower and how financing structures have become more creative to fit the needs of borrowers. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

The recent liquidations of Lehman, MF Global and Madoff under the Securities Investor Protection Act of 1970 (SIPA) are unprecedented in their size and complexity, and have changed the landscape of broker/dealer liquidations. This panel will discuss the nuts and bolts of liquidations under SIPA, the ways in which they differ from chapter 11 cases, and the impact of recent decisions in this area.

Careers in professional restructuring services are both challenging and rewarding, and evaluating strategic career moves can be equally as taxing. The panelists will provide their diverse perspectives on career paths in the restructuring world, offer practical advice for assessing potential opportunities in today’s restructuring market, and share their reflections on their own decisions to stay the course or to take on new challenges in their restructuring careers.

Nearly two years have passed since Judge Walrath's September 2011 decision in Washington Mutual threatened to drastically alter the landscape of high-level financial restructuring negotiations. Since then, there have been few further developments in the case law to guide would-be participants in such negotiations. This panel will explore the legal and practical implications of obtaining confidential information in the course of restructuring transaction negotiations, including (1) whether the WaMu decision has had any lasting effects, or whether it has been superseded by subsequent events both in the WaMu case itself and in other major restructuring transactions; (2) how principals and professionals can best protect themselves in negotiating confidentiality agreements; and (3) the requirements for effective "cleansing" when settlement negotiations break down.