On February 17 and 18, 2022, The Financial Lawyers Conference is sponsoring two (2) three-hour Zoom sessions on fundamental issues in workouts and restructurings of corporate debt obligations.
This program is designed for professionals involved in enforcing and collecting corporate debt obligations, including secured and unsecured commercial loans, and trade obligations, but who are not yet expert in this field, either because they are relatively new to it or do not deal with it routinely. Professionals who are lawyers, financial advisors, bankers, and professionals for private lenders, hedge funds, private equity funds, investors, and companies who participate in debt transactions, will benefit from this program.
Due to the global pandemic and the uncertainty surrounding in-person programming, the program will be taught using an online interface via Zoom. To promote discussion establish and cultivate contacts with others involved in this arena, we encourage senior members of the institutions who receive this invitation to involve their junior team members in this program.
SCHEDULE, AGENDA, AND FACULTY
DAY ONE: Thursday February 17, 2022
9:00 - 9:15 a.m.
Welcome and Introduction
Faculty: Scott F. Gautier, President FLC
Faegre Drinker Biddle & Reath LLP
John-Patrick M. Fritz, Vice President FLC
Levene, Neale, Bender, Yoo & Golubchik LLP
We will discuss the structure of the program and the key concepts to be covered.
9:15 – 10:15 a.m.
Introduction to Real Estate Financing
Faculty: Pauline Stevens
Allen Matkins Leck Gamble Mallory & Natsis LLP
Max Rawn
Allen Matkins Leck Gamble Mallory & Natsis LLP
Marc Young
Allen Matkins Leck Gamble Mallory & Natsis LLP
In the first session of our program, we will explore an overview of the who, what, where, and how of the business.
10:15 a.m. – 11:15 a.m.
Corporate Chapter 11 – First Day Motions and Cash Collateral and DIP Financing Negotiations and Approval
Faculty: The Honorable Deborah Saltzman
United States Bankruptcy Court for the Central District of California
James Behrens
McDermott Will & Emery
In the second session of the day, we will dive into the major components of a corporate chapter 11 proceeding starting with board resolutions and the appointment of responsible officer(s), DIP financing and cash collateral issues, ‘first-day motions’ that address critical vendors and keeping operations running during the case.
11:15 a.m. – 12:15 p.m.
Corporate Chapter 11 – 363 Sales – A Guide and Comparison Against Alternative Distressed Sale Processes Outside Bankruptcy
Faculty: Jeffrey C. Krause
Gibson, Dunn & Crutcher LLP
Michelle Choi
Gibson, Dunn & Crutcher LLP
In the final session of the day, we will discuss the sale of assets pursuant to Bankruptcy Code § 363, including the sale of assets free and clear of claims and interests, protections for good-faith purchasers, marketing, auction, and overbid best practices, and a comparison to non-bankruptcy sale alternatives, including voluntary sales by distressed sellers, dispositions under Article 9 of the UCC, and sales conducted through an assignment for the benefit of creditors.
DAY TWO: Friday February 18, 2022
9:00 a.m. – 10:00 a.m.
Bankruptcy Avoidance Actions – Plaintiffs, Preference, and “Fraud”
Faculty: John N. Tedford, IV
Danning, Gill, Israel & Krasnoff, LLP
Monsi Morales
Margulies Faith LLP
In the first session of our second day, we will explore avoidance actions in bankruptcy, from preferential transfers to “actual” and “constructive” fraudulent transfers and the different potential plaintiff parties and roles played by trustees, debtors in possession, and official committees of unsecured creditors.
10:00 a.m. – 11:00 a.m.
Corporate Chapter 11 – Key Plan Confirmation Requirements: Liquidation Analysis, Feasibility, Class Voting, and Cramdown
Faculty: David B. Golubchik
Levene, Neale, Bender, Yoo & Golubchik LLP
Jonathan M. Weiss
KTBS Law LLP
For the final session of our program, we will discuss four of the most important aspects of plan confirmation: plan voting, feasibility, “cramdown,” and “the best interest of creditors test.” Although plan confirmation includes more than a dozen requirements, these are some of the most important to preparing the overall restructuring strategy.
11:00 a.m. – 11:15 a.m. Closing Remarks
Faculty: J.P. Fritz, Vice-President FLC
Levene, Neale, Bender, Yoo & Golubchik LLP
11:15 a.m. – 12:00 p.m.
AFTER PROGRAM
Coffee-Talk Networking
Meeting new people, reconnecting with colleagues and enjoying some conversation or debate has always been a part of FLC meetings and events. Though we can’t be together in person, we urge you to join your colleagues after the program for some Zoom breakout rooms and discussion groups.
*Note that the Coffee-Talk Networking Reception will occur on a separate Zoom link that will be sent to all registered attendees and faculty.
Location:
As a result of the COVID-19 pandemic the program will be held by Zoom video conference. Invitations with the webinar information will be included in your registration receipt.
Cost:
FLC members: $50
Non-members: $100
Non-members + FLC Membership: $150 (membership through 6/30/21)
Gov't: $50
*Please pay upon registering with a credit card. We are not accepting checks at this time.
MCLE Credit
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 4 hours. The Financial Lawyers Conference certifies that this activity conforms to the standards for approved educational activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.
Return, Refunds and Cancellation Policy
All cancellations and refund requests must be received by FLC no later than the Friday prior to the event. Thereafter, all sales are final and no refunds are given. To cancel, email us at info@financiallawyers.org.
