Learn the latest on Bankruptcy, Loan Workouts, & Reorganizations with this 24/7 On-demand Downloadable Seminar & Podcast. Register to obtain CLE & MCLE credit, receive comprehensive course materials, and attend this on-demand downloadable seminar & podcast. Listen as many times as you wish and even save the files to your computer for future reference.

Benefits:

The weak economy continues to push numerous businesses into distress, prompting record numbers of loan defaults, bankruptcies, and reorganizations. To maximize the recovery of distressed loans, lenders and their counsel must evaluate loans at the first sign of financial difficulty and develop pre-bankruptcy proceeding strategies to protect the lenders' rights and interests. Lenders cannot formulate a uniform recovery strategy with all borrowers because each borrower's circumstances are unique. This seminar covers the general best practices that should be considered in any workout. Loan workouts and reorganizations provide a lender the chance to strengthen its position and minimize its risk due to the borrower's bankruptcy or a foreclosure sale. Waiver and forbearance agreements provide lenders with an opportunity to correct deficiencies in existing terms, documentation or collateral. Learn from our experienced and respected faculty as they provide advice on counseling lenders and creditors, as well as those who practice entails aspects of bankruptcy law.

Agenda:

U.S. Bankruptcy Judge A. Jay Cristol on View from the Bench

1. How does the Creditor and Consumer View Chapter 7 and 11?

2. Dealing With the Chapter 7 Trustee

3. Dealing With Avoidance Actions - Preferences/Lien Avoidance/Fraudulent Conveyances

4. Dealing With Objections to Exemptions/Discharge

5. Participation in Bankruptcy Cases - Claims/BR 2004 Examinations/Creditor's Meetings

Bruce Akerly on the Creditor's Perspective

1. The Impact of the Automatic Stay on Foreclosure

2. How to Obtain Relief from the Automatic Stay

3. Impact of Bankruptcy of the Foreclosure Process

4. Tips from Creditor's Perspective

5. Equity Cushion and Necessity for Reorganization Defenses to Relief from the Automatic Stay

Matthew Gensburg on Loan Workouts & Reorganizations

1. Best Practices for Lenders' Counsel in Confronting a Distressed Borrower

2. Examining Documentation and Collateral Perfection

3. Forbearance Agreements and Waivers

4. Litigation and Timing Issues

Zachery Shelomith on Consumer Bankruptcy

1. Different Types of Bankruptcy Available To Consumers

2. Advantages of Liquidation Versus Reorganization

3. Foreclosures and Loan Modifications in Consumer Bankruptcy

4. Changes in Consumer Bankruptcy Practice as a Result of the 2005 Amendments to the Bankruptcy Law

5. Topics on Chapter 7: Automatic Stay, Discharge and Dischargeability of Debts

6. Topics on Chapter 13: How to Prepare a Plan and Confirmation

Question & Answer Session

Biography of Seminar Faculty:

1. A. Jay Cristol is a United States Bankruptcy Judge in the Southern District of Florida. Judge Cristol began his career by serving in the U.S. Navy. He earned his Navy Wings of Gold in 1953, was stationed aboard an Air Force squadron during the Korean conflict, and instructed pilots on the delivery of nuclear weapons. He later joined the Judge Advocate General's Corps, from which he graduated with distinction. He wears more than a dozen military decorations including the Meritorious Service Medal, The Navy Commendation Medal, and the Navy Achievement Medal. Following his service, Judge Cristol practiced law for 25 years, including as a Special Assistant Attorney General of Florida and senior partner of his own firm. Judge Cristol has been a United States Bankruptcy Judge for 25 years, since his appointment to the bench in 1985. He continues to serve as Chief Judge Emeritus in the Southern District of Florida. Judge Cristol has been awarded a Ph.D. from the University of Miami for his research on terrorism and naval studies. He is also an adjunct professor of bankruptcy at the University of Miami School of Law.

2. Bruce W. Akerly practices at Cantey Hanger, where he focuses on commercial litigation and bankruptcy. Mr. Akerly began his career as a law clerk to the Honorable Mary Lou Robinson, United States District Court, Northern District of Texas. He represents corporate, financial, banking and real estate clients, including secured and unsecured creditors, to enforce rights and obligations in the context of civil litigation and bankruptcy. Mr. Akerly's bankruptcy work has included the representation of creditors, debtors, financial institutions, committees, trustees, buyers and sellers of assets, investors and others in Chapter 7 (liquidations) and 11 (reorganization) cases; out-of-court workouts and restructurings; loan workouts for borrowers and lenders; investing in distressed assets and securities; asset purchases; bankruptcy and insolvency-related litigation, and debtor-in-possession financing. He has tried more than 50 cases before bench and jury, as well as briefed and argued more than 20 cases before appellate courts.

3. Matthew T. Gensburg is a shareholder at Greenberg Traurig, who focuses his practice on bankruptcy and financial services. He is an experienced commercial litigator representing secured and unsecured lenders, landlords, creditors' committees and debtors in all phases of corporate reorganizations, debt restructuring, and the purchase and sale of assets. Matt is a member of the American Bankruptcy Institute and a past instructor at the American Bankers Association's National Commercial Lending School and Commercial Lending Graduate School. He is a frequent lecturer, instructing loan officers and attorneys on the Bankruptcy and Uniform Commercial Codes. Mr. Gensburg has served as counsel to the Official Committee of equipment lessors, whose claims totaling $123 million in successful reorganization of Chapter 11 debtor, as well as represented general and limited partnerships in successful restructuring of mortgage-based credit facilities involving commercial, industrial and residential developments. He is rated as AV Preeminent and has been selected to Super Lawyers for the previous five consecutive years.

4. Zach B. Shelomith is a shareholder at Leiderman Shelomith, P.A. His practice areas include bankruptcy and debtor/creditor rights. He is admitted to the Florida Bar and the U.S. District and Bankruptcy Courts for the Southern, Middle and Northern Districts of Florida. Mr. Shelomith earned his J.D. degree from the University of Miami School of Law and his B.B.A. degree (magna cum laude honors and general honors) from the University of Miami. He was a recipient of the American Bankruptcy Journal Prize in 1997 and has been recognized as a Florida Super Lawyers Rising Star. Mr. Shelomith is a member of the American Bankruptcy Institute, the Commercial Law League of America, the National Association of Consumer Bankruptcy Attorneys and the Bankruptcy Bar Association for the Southern District of Florida. He has lectured and published numerous materials and articles on bankruptcy law, and actively provides pro bono services to the community.

Who should attend this seminar?
Attorneys, paralegals, and legal professionals.

Only registered attendees will receive CLE credit for attending this course. Register now.

Registration includes download of course materials.

Register for 2.0 Florida Bar CLE credits, 1.5 California Bar MCLE credits, 1.5 Wisconsin Bar CLE credits, 1.5 CLE credits for Members of the New York State Bar, & 1.5 Georgia Bar CLE credits.

You will receive a download of the Podcast, Seminar recording, accompanying materials, and information to report the CLE credits as soon as you register with a credit card or when we process your check.

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