Close
Login to MyACC
ACC Members


Not a Member?

The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

Join ACC

ACC Member Portal and Web Services are back online
ACC's member portal and web services are available following a scheduled upgrade. However, our team is monitoring and resolving issues promptly. Please be sure to reset your password here.
Thank you for your patience. Please contact our team with any questions.

Search Filters
  • Material Types
  • Sources
  • Interest Areas
  • Collections
  • Regions
  • Audiences

Treatment of Commercial Leases in Bankruptcy
 
By C. Ryan Maloney, Esq.
Jimerson Birr

What are the lessons learned from the most recent round of securities litigation? What do in house counsel need to do now that was not required previously? How have the relationships with auditors been impacted by the increased scrutiny and litigation? What tools do I need to meet the challenge? Attend this session to hear and understand the answers to all of these questions and more.

Every company inevitably either knowingly or inadvertently will do business with an entity that is in financial distress. How do you plan to do business with a financially troubled company? What legal steps can be taken to ensure performance by such a company? What actions can be taken to ensure payment or performance under an agreement with a distressed company? Will your client be liable for a preference recovery upon payment by a company that ultimately files for bankruptcy? Or is your client interested in acquiring assets from a company in financial distress?

Panelists will cover various strategies to help you manage all aspects of commercial loan restructuring including: loan modification and restructuring, commercial loan short sales, SBA loan settlement and restructuring, and lender strategies versus obligor’s strategies. They will also answer questions such as: What is the primary focus of an examiner's review of a commercial loan? What are the best methods for improving the collectability of a commercial loan? What is the role of the guarantors?

The SEC, IRS and FDIC have recently issued regulations governing equity and phantom equity plans that may result in clawback, change in control, valuation, accounting issues and other illnesses that may affect your plans. This panel will provide a checklist of known ailments, a method to diagnose your plan and treatment options to bring your plan into good health. In a town hall setting, participants will be asked to share their own "home remedies" with the group.

With the steady increase of cross-national relationships in virtually every industry, it is inevitable that a domestic company, irrespective of size, will at some point face a cross-border bankruptcy matter. Consideration of this international component is critical for the in-house practitioner to effectively protect the client when structuring transactions. When the inevitable cross-border insolvency arises, a basic knowledge of the applicable rules will be equally critical to minimize the interruption to operations and potential loss of revenue.

The "b" word usually raises fear and anxiety in those who are not bankruptcy specialists. Worry not!

In the current economic climate, in-house counsel may respond to the word "restructuring" like Dracula did to sunlight. Don't! Opportunities abound for companies large and small who are savvy to the potential benefits and pitfalls arising in so-called "Section 363 sales" in bankruptcy proceedings, coined for the section of the Bankruptcy Code that enables debtors to sell their operating assets.

Today’s economy brings both challenges and opportunities. While the current financial environment makes it clear that little can be done to fully protect against a potential bankruptcy by a customer, landlord, licensee or tenant, you can “be the solution” by proactively moving to mitigate risk or even benefit from the event. Join us at this session for an update on how to handle bankruptcy in a way that will best help your company.

The financial crisis of 2008 will have repercussions for years to come. In addition to the mega—bankruptcies, there will be panoply of solvency issues for companies of all sizes. An array of ethical issues for in-house counsel will be associated with these unordinary events. Are there special professional rules that will apply? To whom is responsibility owed? Will there be special problems with public companies? Will creditors have special responsibilities? This session will address possible solutions and seek answers to the many solvency issues that lie ahead.

Subscribe to Bankruptcy
ACC
ACC Global Headquarters
1001 G Street NW
Suite 300W
Washington, D.C. 20001 USA

Contact Directory

Explore ACC
Privacy & Other Policies © 1998-2025, Association of Corporate Counsel. All Rights Reserved.