Uniform Commercial Code/Article 9

This panel will provide a refresher and interactive discussion on secured transactions in bankruptcy cases. The panelists will discuss the basics of secured transactions, including attachment and perfection, in addition to the interplay between UCC Article 9 and the U.S. Bankruptcy Code. The panelists will focus on the relationship between the obligor/debtor and the secured party, with an interactive discussion concerning the competition for priority among secured parties, lien creditors and trustees asserting competing interests in the same collateral.

This panel will discuss the changes and trends in dealing with distressed commercial real estate, including commercial office buildings, high-rise office buildings, medical offices, apartments, nursing homes and shopping centers, among other assets. We also will discuss loan workouts, remedies for distressed loans such as receiverships, foreclosures, deed of trust sales, deeds in lieu of foreclosure, guarantees, abandonment or turnover of assets and bankruptcy, and landlord/tenant issues and their impact on the landlord’s loan. The topics in this interactive discussion apply to and are not unusual for attorneys experienced in real estate finance, loan workouts, receiverships, bankruptcy and lender liability.

A good insolvency professional knows that bankruptcy is not necessarily a good fit for every distressed situation. This panel will discuss why bankruptcy is not always the best option, and why alternatives such as assignments for the benefit of creditors, receiverships and Article 9 sales might be better fits.

This panel will discuss the fallout from the recent “crypto winter,” and what it means for bankruptcy practitioners and their clients, both legally and practically. The panelists will focus on recent developments in major crypto bankruptcy cases, take a look at what is next for restructurings in the crypto industry and regulatory issues, and provide practical tips for lawyers and clients when engaging with crypto companies.

Filing a bankruptcy petition is not always a viable option or the best solution. This panel will explore alternative avenues for distressed companies, including receiverships, assignments for the benefit of creditors and Article 9 foreclosures, as well as when a bankruptcy filing is the most effective tool. Learn what factors should be considered in evaluating the various options and what the benefits and drawbacks of each alternative are.

This panel will cover the what, how, why and risks/benefits of Article 9 sales, including negotiating the friendly foreclosure and aftereffects.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

Intellectual Property assets present unique challenges in bankruptcy. Article 9 financing statements may or may not be enforceable, and, in some instances, may actually be to your client’s detriment. Can a debtor assume and assign IP rights? Revoke them by rejecting a license? How is a security interest in intellectual property perfected and enforced? How you define the intellectual property assets can greatly impact your client’s rights, and those rights are constantly changing. This panel will cover practical issues and problems, including how to document and value IP assets, to help you spot the issues and navigate your way out of the bankruptcy riptide, whether you represent a secured lender, debtor, or contract counterparty.

Money talks and lending trends: This session will highlight consumer banking issues, technical aspects in cryptocurrency, and fintech.