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Course/Product Description
Title:

Buying and Selling Claims in Bankruptcy Issues and Pitfalls

SKU:WC-1015700
Date / Time: Recorded
Format: Webinar
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Description:

This webinar will explore the current state of the statutory law and judicial decisions affecting claims trading and suggest drafting techniques to provide protections and avoid pitfalls affecting the value of traded claims. This information is useful for both starting attorneys and experienced practitioners.

Agenda

The Mechanics of Claims Trading

  • Pre-1991 Issues
  • Rule 3001 Requirements for Buyers and Sellers
  • Documentation Required
Participants in Claims Trading
  • Value Buyers
  • Strategic Buyers
Arguments for and Against Permitting Claims Trading
  • Does Vibrant Claims Trading Process Aid Bankruptcy Process or Complicate Consensual Resolutions?
Pitfalls to Be Avoided
  • Bad Faith Finding May Lead Court to Disqualify Purchaser From Voting on a Plan
  • The Enron II Decision and Pointers on How to Avoid Its Holding
  • Impact of Contrasting KB Toys Decision in Third Circuit. 2013 WL 6038248 (3rd Cir. 2013) to Enron II.
  • Drafting the Appropriate Trading Contract to Obviate Uncertainty
Recent Recommendations of American Bankruptcy Institute Relating to Claims Trading
    About The Presenters

    Dennis J. Drebsky
    • Partner at Nixon Peabody LLP
    • Practice areas include business litigation, financial restructuring and bankruptcy, and investment partnership litigation
    • Concentrates on commercial and bankruptcy litigation and often retained for his skills as a negotiator
    • Handles acquisitions and sales of companies in Chapter 11, as well as nonbankruptcy workouts and reorganizations
    • B.B.A. degree in business and public administration, magna cum laude, City College of New York; J.D. degree, Cornell University
    Daniel W. Sklar
    • Partner in the Manchester, New Hampshire, office of Nixon Peabody LLP
    • Focuses on all aspects of financial restructuring and bankruptcy with extensive experience in the area of corporate law and commercial transactions
    • Represented debtors, trustees, secured creditors, committees, stockholders, lessors and senior executives in large Chapter 11 cases around the country for more than 30 years and has been involved in a number of international insolvencies
    • Listed in Best Lawyers in America since 1989, recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business for bankruptcy work and recognized in Chambers USA in previous years, and as a New England Super Lawyer in bankruptcy and creditor/debtor rights based on a peer-review survey by Boston magazine, 2007
    • Adjunct professor of law at UNH School of Law, teaching a course on bankruptcy and reorganization
    • LL.M. degree, Boston University Law School; J.D. degree, cum laude, Boston College Law School; B.A. degree, University of Pennsylvania


    Cannot Attend The Live Presentation?

    This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.

    About Webcasts / Audio Conferences / Podcasts:

    Webcasts, audio conferences, and podcasts are presentations that you attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.

    The live versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back at work immediately after the session ends!

    And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous times and to share it with others in your office.

    Handout materials and the phone number for live presentations are made available to you prior to the event via email from the presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.

    About The Provider: Lorman Education Services has provided educational seminars and online training for professionals since 1987.

    Since then, we've kept thousands of professionals in the United States and internationally current on the most pressing topics in a rapidly changing marketplace of ideas. Like you, we understand the need for concise, accurate information.

    That understanding underlies each Lorman course, presenting the latest information on the laws and regulations critical to your organization's successful daily operations.

    Moreover, each course receives our painstaking attention to be certain both the faculty and participants receive the individual attention necessary to achieve maximum benefit from the materials.
    More Info: Contact Us For More Information
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