Lender Liability

Hosted by Business Reorganization & Consumer Bankruptcy Committees This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.

This panel will review recent trends in liability-management transactions, and will include a discussion of Judge Isgur’s recent decision in WesCo, which addressed the effects of “uptier” transactions.

Join our panelists as they explore how lender liability claims are born and struggle for life, starting with the influence that an original loan agreement may have on later claims, continuing with the roles that various professionals play as financial distress grows, and finally examining how tragedy unfolds as litigation plays out.

Up-tier exchanges, covenant-stripping and removal of collateral from secured lenders' reach have been in vogue for some time, going back to the Marblegate district court opinion and its reversal on appeal. The immense number of capital-chasing deals that have occurred since have continued this trend, and that obviously affects valuation, especially in litigated cases. This panel will explore the key issues involved, and how valuation plays a role in how disputes are resolved.

This panel will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/ recharacterization concerns, committee challenges to liens and bidding procedures.

Join the SRS Acquiom team and their panel of experts as they dive into recent transactions involving collateral disputes between lenders and borrowers. The discussion will highlight real-life examples, look back on why the disputes are happening, review the options for lenders, and examine how to prevent disputes from happening in the future.

Join us for a discussion on the key features of the Paycheck Protection Program (PPP) and the current legal landscape regarding the eligibility of companies in bankruptcy to receive PPP Loans, including an overview of SBA guidance and recent court decisions.

Join ABI's Asset Sales Committee with a panel of experts that will highlight the current challenges facing insolvency professionals working on deals in the COVID-19 world and what to expect in the coming months.