Bankruptcy 101 for Trade Creditors

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Reisman Law Firm, LLC

Before, During, and After Bankruptcy: a basic course for sellers of goods and/or services to businesses.

Economy & Finance

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Which are the creditors? Which are the debtors?

If you have any questions, contact Glenn Reisman [email_address] (203) 944-0401

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A partner with King & Spalding, LLP (K&S), Zachary Andrew McEntyre focuses on cases involving corporate defense in class actions and insurance recovery disputes. Zachary Andrew McEntyre belongs to a global legal team with a background spanning diverse types of commercial litigation and knowledge of the pulse of regulatory developments. An article by K&S attorneys published in The Review of Banking and Financial Services brought focus to the Neiman Marcus bankruptcy and the fiduciary duties of creditors who are appointed to the Official Committee of Unsecured Creditors toward other Committee members and other unsecured creditors. The context was one of a chapter 11 case in which the Committee was formed as a fiduciary, with a duty to maximize recovery for unsecured creditors. As appropriate, this involves an adversarial approach regarding the claims of secured creditors and the debtors. At the same time, a Committee member maintains the right to focus on fulfilling its own interests, as long as they do not conflict with fiduciary duties. That said, it is not permissible to leverage a position as Committee member in advancing only one’s individual interest. The authors of the paper argue that Marble Ridge, a Committee member, neglected its fiduciary responsibilities toward other unsecured creditors. A US Trustee finding in June, 2020, was that Marble Ridge had “breached its fiduciary duty of loyalty” owed to other creditors by pressuring an outside investor not to bid against Marble Ridge on a key transaction seen as essential in undertaking a successful chapter 11 reorganization. This led to significant negative outcome for Marble Ridge, as the entity resigned from the Committee and was forced to liquidate investor-backed funds.

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Given the economic downturn of recent years, professionals' fees and costs have been a driving factor in conducting the acquisition of distressed assets. A majority of these transactions take place pursuant to section 363 of the Bankruptcy Code. However, out-of-court alternatives such as Receiverships, Assignments for the Benefit of Creditors, and Article 9 of the Uniform Commercial Code have gained momentum to bankruptcy as expeditious and cost-efficient alternatives. This webinar focuses on the sale of distressed assets under each of these alternatives, including bankruptcy and a special emphasis on the sale or acquisition of distressed health care assets.

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Claims Trading in bankruptcy cases has advanced and grown in sophistication swiftly in recent history. Companies and their advisors should be prepared before wading into these waters. How will a claim be treated once transferred? What steps should a company acquiring a claim take to ensure the claim is paid? How should a claim be valued? What kind of documentation will be needed to properly transfer the claim? If a dispute arises regarding the claim, how should the acquiring company defend itself? For 2022, do the financial programs initiated under the CARES Act impact claims trading, and if so, how? This webinar focuses on understanding these issues and addressing best practices for advanced reorganization practitioners and advisors working on the cutting edge of bankruptcy transactions. Part of the webinar series: BANKRUPTCY TRANSACTIONS - 301: ADVICE FOR THE ADVANCED PRACTITIONER 2022 See more at https://www.financialpoise.com/webinars/

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Claims Trading in bankruptcy cases has advanced and grown in sophistication swiftly in recent history. Companies and their advisors should be prepared before wading into these waters. How will a claim be treated once transferred? What steps should a company acquiring a claim take to ensure the claim is paid? How should a claim be valued? What kind of documentation will be needed to properly transfer the claim? If a dispute arises regarding the claim, how should the acquiring company defend itself? For 2021, do the financial programs initiated under the CARES Act impact claims trading, and if so, how? This webinar focuses on understanding these issues and addressing best practices for advanced reorganization practitioners and advisors working on the cutting edge of bankruptcy transactions. To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/bankruptcy-claims-trading-2021/

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