Combining academic research with the perspective of an in-the-trenches lawyer, this presentation will provide a structured framework for dealing with distressed commercial and agricultural loans, including:
Don’t Undo Your Deal: Avoiding Bankruptcy Clawback Actions
Loan deals, refinancings, restructurings or forbearance agreements involving multiple borrower-related parties are very common in commercial lending. But did you know they create hidden risk exposure to banks if one of the entities subsequently files for bankruptcy? The best way to mitigate the risk of the bankruptcy clawback related action is to have a solid understanding of how bankruptcy law works and where the hidden pitfalls for lenders exist. This presentation will do a deep dive into constructively fraudulent conveyance actions and preferential transfers to educate bankers how to best protect themselves when dealing with multi-party borrowing transactions.
Debbie Oldham
debbie.oldham@commercebank.com