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Carve-Out Agreements

Latest Status and Strategies to Protect Your Claims
Location: Your office or conference room (no need to travel!)

Date     : Audio CD Available
Time(s):   -   Eastern Time
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Hosted By : The Beard Group Law and Business Publishers and the Troubled Company Reporter
   
This conference will include:

Carve-out agreements that benefit unsecured creditors – often at the expense of secured creditors – are becoming more common but still remain controversial and contentious.

Are carve-outs here to stay? Why do courts continue to approve them when many believe they violate the spirit if not the law of the Bankruptcy Code?

Purchase this Audio CD (recorded in late September 2007) to learn the fall-out from the latest court decisions and examine strategies Chapter 11 creditors – secured and unsecured – are using to protect their interests.

You’ll cover:

• Carve-out agreements – what they are and how they've evolved
• Challenges and settlements available to creditors’ committees
• Provisions for by-passing priority creditors
• Validity of carve-out agreements: SMP Manufacturing and its progeny
• Flaws and unresolved issues in decisions approving SMP carve-out agreements
• Limitations on carve-out agreements
• Practical problems implementing carve-outs
• Who distributes funds after a Chapter 11 case is converted to Chapter 7?
• Distribution of carve-out funds under a Chapter 11 plan of reorganization – will the courts confirm a plan that doesn’t pay senior claims in full?
• Strategies for today’s secured and unsecured creditors


 
Speaker(s):  
  • David E. Beker
    Schwartz Cooper
David E. Beker is an attorney at Schwartz Cooper and a member of the firm's Banking and Bankruptcy Department, where he represents debtors, creditors' committees, individual creditors, and trustees in bankruptcy matters and out-of-court workouts nationwide. His experience representing debtors ranges from large public corporations to local businesses.

On the creditor side, David has represented a wide range of secured and unsecured creditors, including financial institutions, trustees, hedge funds, landlords, critical vendors, general contractors, and subcontractors. In his representation of financial institutions in bankruptcy matters, he routinely provides advice on issues related to workouts and loan restructurings, DIP financings and use of collateral by business debtors, and disposition of collateral pursuant to either Article 9 of the Uniform Commercial Code or Section 363 of the Bankruptcy Code.
  • Richard M. Bendix, Jr.
    Schwartz Cooper
Richard M. Bendix, Jr., heads up Schwartz Cooper's Bankruptcy, Insolvency & Creditors' Rights practice. He uses his understanding of bankruptcy laws to devise creative solutions to his clients' complex legal and financial problems. Among his major cases was the successful reorganization of 203 N. LaSalle Street Limited Partnership--one of the largest single real estate cases ever filed--where he had the opportunity to argue before the U.S. Supreme Court. Richard also played a significant role in the reorganization of UNR Industries, Inc., the first company to file Chapter 11 in a respect to mass tort (asbestos) litigation.

Carve-Out Agreements
Conference Audio CD + Written Materials US$ 35.00   add to cart

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