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Course Details

Buying and Selling Claims in Bankruptcy Issues and Pitfalls

Webinar: ID# 1015700
Recorded CD
Qty:
About This Course:
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‚Äôs 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
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    Buying and Selling Claims in Bankruptcy Issues and Pitfalls
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