Truist Plaza Conference Center
303 Peachtree Rd NE
Atlanta, GA, USA 30308
Overview (Program Summary)
A program hosted by:
ACC GeorgiaThis CLE will outline the key legal considerations and strategic planning steps for protecting your company when a contractual counterparty files for bankruptcy. Matt Weiss and Ben Carlsen will cover the core concepts of bankruptcy law, including Section 365 (Executory Contracts), Section 547 (Preferences), and Section 548 (Fraudulent Transfers). They will also review proactive strategies for mitigating counterparty risk, such as drafting enforceable stipulations to strengthen a company’s position before a filing, forming bankruptcy remote entities, and requiring prepackaged bankruptcies.
The presentation will also explore transaction structuring considerations, including the enforceability of ipso facto clauses and cross-default provisions, as well as the treatment of administrative expense claims under a Chapter 11 Plan.
The session will conclude with an overview of defenses to preference liability claims under Section 547 and practical takeaways for planning, drafting, enhancements, and navigating post-filing interactions.
Presenters:
Matt Weiss, Partner, Parker Hudson
Ben Carlsen, Managing Chief Counsel, McKesson
CLE credits pending.