Practice Areas
Securities & SEC RegulationBusiness & Commercial Law
This webinar examines the legal framework governing investments and transactions involving financially distressed companies. Attorneys representing lenders, investors, purchasers, borrowers, creditors, and bankruptcy estate participants must navigate a complex landscape of bankruptcy law, secured transactions, corporate law, and distressed M&A. Successfully structuring these transactions requires careful attention to creditor priorities, lien rights, court approval requirements, and the legal risks that can significantly affect transaction outcomes.
The program explores the legal considerations involved in (1) making loans to financially distressed companies, (2) purchasing distressed debt and bankruptcy claims, and (3) acquiring assets from distressed businesses. Participants will examine how these transactions are structured, the statutory and procedural requirements that govern them, and the legal risks that arise before, during, and after a bankruptcy filing. The discussion also addresses practical considerations for conducting due diligence, preserving creditor rights, negotiating transaction documents, and minimizing litigation exposure.
The webinar further analyzes commonly used distressed transaction strategies and the legal principles that support them, including loan-to-own transactions, stalking horse bid procedures, credit bidding under the Bankruptcy Code, and asset sales conducted through “free and clear” sale orders. Throughout the program, the faculty provides practical guidance on identifying legal pitfalls, evaluating competing interests among stakeholders, and advising clients in distressed acquisition and restructuring matters.
Learning Objectives:
The program explores the legal considerations involved in (1) making loans to financially distressed companies, (2) purchasing distressed debt and bankruptcy claims, and (3) acquiring assets from distressed businesses. Participants will examine how these transactions are structured, the statutory and procedural requirements that govern them, and the legal risks that arise before, during, and after a bankruptcy filing. The discussion also addresses practical considerations for conducting due diligence, preserving creditor rights, negotiating transaction documents, and minimizing litigation exposure.
The webinar further analyzes commonly used distressed transaction strategies and the legal principles that support them, including loan-to-own transactions, stalking horse bid procedures, credit bidding under the Bankruptcy Code, and asset sales conducted through “free and clear” sale orders. Throughout the program, the faculty provides practical guidance on identifying legal pitfalls, evaluating competing interests among stakeholders, and advising clients in distressed acquisition and restructuring matters.
Learning Objectives:
- Understand the legal framework governing distressed investing and transactions involving financially distressed businesses, including the intersection of bankruptcy law, secured transactions, and corporate law.
- Analyze the legal considerations involved in making loans to distressed companies, purchasing distressed debt or bankruptcy claims, and acquiring assets from financially troubled businesses.
- Examine the rights and obligations of lenders, purchasers, creditors, debtors, and other stakeholders in distressed transactions.
- Evaluate the legal requirements and strategic considerations surrounding loan-to-own transactions, stalking horse bid procedures, credit bidding, and sales conducted pursuant to “free and clear” orders under the Bankruptcy Code.
- Identify common legal risks, due diligence issues, and litigation concerns that arise in distressed acquisitions and develop strategies to protect client interests.
- Apply practical drafting, negotiation, and transactional strategies when advising clients involved in distressed financing, debt purchases, and bankruptcy asset sales.
This webinar is delivered in Plain English, making complex legal concepts accessible even to attorneys who are new to distressed transactions and bankruptcy practice. Through practical examples and engaging discussion, participants will gain a foundational understanding of the legal principles governing distressed investing and asset acquisitions. The program is designed as a stand-alone webinar, allowing attendees to benefit fully without having viewed other programs in the series.
This live webinar is eligible for both CLE and CPE credit.
NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.
NASBA CPE ACCREDITATION INFORMATION
Learning Level: Intermediate
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Program
CeriFi LegalEdge is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
Content Partner
Financial Poise