Utilizing a case study, ABI's panel of experts will explore issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility, and voting. The panel will also walk attendees through the necessary mathematical analysis used to analyze these issues.
The transformation rule/negative equity, deficiency claims upon surrender of collateral, the applicable commitment period, contract interest, § 1322(b)(1) as it involves fixtures and personal property, and assignments of rent, § 1322(b)(2) as it involves the timing of the analysis.
The challenges and difficulties of avoiding leveraged buyout transactions, covering emerging law involving LBOs including application of the § 546(e) safe harbor and collapsing such undertakings.
Cross-examination demonstration of financial experts valuing assets (measuring enterprise value by discounted cash flow, the income and cap rate approaches for real estate, and how such methods can be manipulated).