Trends and Developments in Distressed Debt, Restructurings and Workouts: Best Practices to Avoid Risk Issues
In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide an in-depth analysis of the recent trends and developments in distressed debt, restructurings, and workouts. Speakers will present notable court rulings and important issues surrounding this significant topic. They will also discuss best practices in managing and avoiding risks in the process.
Some of the major topics that will be covered in this course are:
- Distressed Debt, Restructuring, and Workouts – Trends and Developments
- Notable Court Rulings and Implications
- Fraudulent Conveyance Analysis
- Reasonably Equivalent Value
- Fraudulent conveyance insurance
- Opportunities and Risks Issues
- Transactional risk insurance solutions that can facilitate distressed M&A
- Best Practices
- What Lies Ahead
- Recognize recent reorganization trends and ways to mitigate risks when negotiating structured financial agreements in bankruptcy
- Determine key concepts in fraudulent transfer claims and solvency analysis
- Identify transactional risk insurance solutions for distressed M&A pre- and post-bankruptcy
Aimee Pickett Sanders, Attorney
Alston & Bird LLP
- Trends and Developments
- Reorganization Within Bankruptcy
- Negotiating Structured Financial Agreements Within Bankruptcy and Mitigating Risks
- Sale of Assets under 11 U.S.C. § 363
- Assumption of Contracts under 11 U.S.C. § 365
Ken Mathieu, CPA/ABV/CFF, Vice President, Forensic Services
Charles River Associates
- Considerations for avoiding transfers
- Solvency analysis considering USC Section 548
- Equitable insolvency considerations
- Assessing unreasonably small capital
- Reasonably equivalent value analysis for a transfer
Peter de Boisblanc, V.P., Transactional Risk, U.S. Practice Leader
HUB International Limited
- Transactional Risk Insurance Solutions for Distressed M&A
- Reps & Warranties Insurance
- Fraudulent Transfer Insurance
- Post-Bankruptcy Overview
- Post-Bankruptcy Transactions
- The Buyer’s Risks
- Third Party Losses
- First Party Loss
- Insurance Solutions
- Common Objection
- Case Study
Who Should Attend:
- Bankruptcy and Restructuring Lawyers
- Corporate Finance Lawyers
- Financial Reporting Officers
- Asset Management Officers
- Financial Advisers
- Financial Analyst
- Auditors and Accountants
- Top-Level Executives
Aimee Pickett Sanders advises creditors, debtors, lenders, and other strategic parties in a wide range of corporate restructuring matters including pre-packaged and traditional bankruptcies, out-of-court workouts, debtor-in-possession and exit financing transactions, asset sales, bankruptcy and commercial litigation, and international and cross-border insolvency. Following law school, she served as a law clerk to the Hon. Marcia P. Parsons in the Bankruptcy Appellate Panel for the Sixth Circuit and the U.S. Bankruptcy Court for the Eastern District of Tennessee. She also serves on the boards of the Bankruptcy Section of the Atlanta Bar Association and Alliance Française d’Atlanta.
Aimee Pickett Sanders advises creditors, debtors, lenders, and other strategic parties in a wide range of corporate restructuring matters including …
Ken is regularly retained to serve as the expert witness for matters involving complex damages, accounting, and valuation issues. Utilizing his experience serving as a trusted advisor to entities facing a crisis, such as a high stakes litigation or government investigations, he provides credible and objective analysis and information to assist in mitigating the crisis and resolving the matter.
The results of his analysis are utilized by boards, insurance companies, courts, arbitrators, management, and government regulators to assist in making critical decisions.
He is a member of the American Institute of Certified Public Accountants (AICPA) and the Illinois CPA Society and has held leadership positions with both organizations. He currently serves as a commissioner on the National Accreditation Commission of the AICPA which oversees all specialty credentials issued by the AICPA. He is a frequent speaker on the topics of forensic accounting, valuation, and damages at industry conferences and educational forums. He has published articles for peer- reviewed journals and co-authored chapters in books widely considered reference guides for the forensic and valuation profession. He also served as the editor to AICPA Practice Aids for forensic professionals.
He is a CPA (licenses in Illinois and Louisiana), Accredited in Business Valuation by the AICPA, and Certified in Financial Forensics by the AICPA. He was previously a Managing Director with PwC’s Forensic Services practice where he held a leadership role and served as a GAAP expert.
Ken is regularly retained to serve as the expert witness for matters involving complex damages, accounting, and valuation issues. Utilizing …
Peter de Boisblanc leads HUB’s transactional risk practice in the United States, advising purchasers and sellers in M&A transactions (including private equity funds and strategic buyers) on risk allocation solutions, with a focus on brokering representations and warranties insurance (RWI) policies and related insurance products. As a broker, Peter draws on his extensive prior experience as an underwriter on AIG’s M&A insurance team, where he underwrote more than 150 RWI policies. Prior to joining AIG, Peter practiced law for 11 years, most recently at Ropes & Gray, LLP, where he advised private equity clients with respect to the placement and negotiation of RWI policies for both domestic and international transactions. Peter graduated, cum laude, from Fordham Law School in 2004 and from the University of Chicago in 1999.
Peter de Boisblanc leads HUB’s transactional risk practice in the United States, advising purchasers and sellers in M&A transactions (including …
Print and review course materials
Method of Presentation:
On-demand Webcast; Group-Internet Based
General knowledge of bankruptcy laws
NASBA Field of Study:
Finance – Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Alston & Bird LLP
Alston & Bird is a leading national law firm whose core practice areas are intellectual property, complex litigation, corporate, and tax, with national industry focuses that include financial services, technology, health care, manufacturing, and life sciences. The firm has built a reputation as one of the country’s best employers, appearing on Fortune magazine’s ranking of the “100 Best Companies to Work For” list for 21 consecutive years, an unprecedented accomplishment among law firms in the United States. The firm has offices in Atlanta, Beijing, Brussels, Charlotte, Dallas, London, Los Angeles, New York, Raleigh, San Francisco, Silicon Valley, and Washington, D.C.
About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategy expertise to major law firms, corporations, accounting firms, and governments around the world.
With proven skills in complex cases and exceptional strength in analytics, CRA consultants have provided astute guidance to clients in thousands of successful engagements. We offer litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting.
Our success stems from the outstanding capabilities of our consultants, many of whom are recognized as experts in their respective fields; our close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.
About HUB International Limited
Headquartered in Chicago, Illinois, Hub International Limited is a leading full-service global insurance broker providing property and casualty, life and health, employee benefits, investment and risk management products and services. With more than 12,000 employees in offices located throughout North America, Hub’s vast network of specialists provides peace of mind on what matters most by protecting clients through unrelenting advocacy and tailored insurance solutions. For more information, please visit www.hubinternational.com.