Lender Liability

NO CLE - Are Blanket Liens Really Blanket? Allocating the Going-Concern Surplus

This panel will address the entitlement of a secured lender with a "blanket lien" on a company’s assets to share in the going concern or enterprise value of that company when it is liquidated in a § 363 sale or otherwise dealt with under a chapter 11 plan. The circumstances under which such sharing in “going concern” value has been permitted, the cases on both sides of the issue, and the policy arguments in favor of and against the secured lenders’ right to access such value to satisfy its secured claim will be explored.

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NO CLE - Risky Times for Secured Lenders and Servicers: Living with the New CFPB Mortgage Servicing Rules

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients.

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NO CLE - Risky Times for Secured Lenders and Servicers: Living with the New CFPB Mortgage Servicing Rules (continued)

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients.

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NO CLE - Scary Nightmares for Secured Lenders

The panel will address, in an interactive format, the equitable decisions rendered by courts that may modify, diminish or impact secured claims or secured creditors’ pre-petition agreements. For example, the program will cover the limitations on the post-petition effects of a security interest based on the equities of the case, surcharge issues and § 363(k) cause to preclude credit-bidding, as well as other equitable theories.

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NO CLE - The End Game and How to Get There

Professional Development Track: The End Game and How to Get There

Utilizing a case-study approach, this panel will provide a primer for young practitioners on the goals, motivations and incentives that key constituents in a chapter 11 case have, and the techniques and strategies used to achieve such goals.

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NO CLE - Valuation of Contingent and Disputed Liability

An integral part of any solvency opinion is the valuation of items such as contingent liabilities including pending litigation, guarantees and other claims that may impact the solvency opinion. The valuation of these items is not always obvious and in some cases is at odds with GAAP. The approach to valuing these items is a blending of corporate and bankruptcy law, accounting standards, economic analysis and valuation theory.

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NO CLE - Litigating the Cramdown Rate

Litigating the Cramdown Rate

“Cram down” requires full payment of secured classes. This, in turn,
requires a present value analysis of the dividends secured creditors
will receive under the plan. This panel will review what debtors and
secured creditors need to show to establish a cramdown rate and the
nuts-and-bolts evidentiary issues joined by cramdown litigation.

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