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Business Law

Hard Money Lending Issues in Bankruptcy

Presented by the Business Law Section Insolvency Law Standing Committee

Hard Money Lending Issues in Bankruptcy image

Tuesday, October 29, 2019

Alston & Bird
333 S. Hope Street 16th Floor
Los Angeles, CA 90071
Parking will be validated for cars arriving after 5:30 p.m.

Earn 1 Hour of MCLE Credit. Includes legal specialization, Bankruptcy Law

Registration Info | PDF Flyer | Registration Form

5:30 p.m. – 6 p.m. – Registration
6 p.m. – 7 p.m. – Program
7 p.m. – 8 p.m. – Networking Reception

Panelists

image of panelists: Kit Gardner, Law Offices of Kit J. Gardner;

Steven Kurtz, Levinson Arshonsky & Kurtz, LLP;

Eve Karasik, Levene, Neale, Bender, Yoo & Brill LLP;

Honorable Scott H. Yun, United States Bankruptcy Court
  • Kit Gardner, Law Offices of Kit J. Gardner
  • Steven Kurtz, Levinson Arshonsky & Kurtz, LLP
  • Eve Karasik, Levene, Neale, Bender, Yoo & Brill LLP
  • Honorable Scott H. Yun, United States Bankruptcy Court

Frequently, a business debtor will resort to private, unregulated lenders to finance its operations. The resulting credit facilities are usually easier to obtain than a traditional bank loan, but come with more strings attached. Moreover, the lender is usually far more active in monitoring and protecting its interest in these risky loans. Therefore, when a business files bankruptcy, the debtor is immediately confronted with a host of unique issues that may determine its future survival, and the lender is confronted with the possibility that it will not receive the full benefit of its bargain.

In this program, debtors’ counsel will learn:

  • What a “hard money” loan is and how it affects the debtor’s business.
  • What “factoring” is, and how it may differ from other private lending.
  • How to spot a “true sale” of the debtor’s assets to a lender versus anordinary transfer for security, and the difference that a “true sale” may make in bankruptcy.
  • How to avoid lender attempts to restrict bankruptcy options, andjudicial attitudes towards such restrictions.
  • In Chapter 11, how to help the debtor navigate cash collateral and post- petition financing issues in order to effectuate a successful outcome.

Creditors’ counsel will learn:

  • How to secure your clients’ rights in collateral after a business filesbankruptcy.
  • How to avoid being dragged through a costly Chapter 11 bankruptcy inwhich your client might be“crammed down” and its rights altered.
  • When and how to assert a lender’s right to foreclose on its collateral or,at a minimum, obtain adequate protection of its interest.

Registration Info

How to Register

  • Register Online Here
  • Mail to: Mail your completed Registration Form and payment to: Program Registrations, California Lawyers Association, 400 Capitol Mall, Ste. 650, Sacramento, CA 95814
  • Email to: Send a scan of your completed Registration Form with mandatory credit card information to ProgramRegistrations@CALawyers.org. (Photocopies of checks will NOT be accepted)

Registration Fees

  • Law student: $25
  • Government/nonprofit: $35
  • CLA members: $55
  • General: $75 At the Door: $75

Deadline: In order to pre-register, your form and check, payable to California Lawyers Association, or credit card information, must be received by October 25, 2019.

The California Lawyers Association is an approved State Bar of California MCLE Provider.

The California Lawyers Association is an approved State Bar of California MCLE Provider.

This event may be recorded. By attending this event, you consent to be photographed, filmed, and/or otherwise recorded, and to any use, by the CLA, of your likeness, voice, and name in any and all media including social media. If you do not want your name or photo to be used, please let us know in advance. We cannot, however, honor requests to opt out of the use of your image or voice if you choose to ask a question during one of the event sessions.

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