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Hard Money Lending Issues in Bankruptcy
Presented by the Business Law Section Insolvency Law Standing Committee
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
5:30 p.m. – 6 p.m. – Registration
6 p.m. – 7 p.m. – Program
7 p.m. – 8 p.m. – Networking Reception
- 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.