Workouts & Bankruptcy


If the situation is falling apart around you, is this the time you want your lawyers to have to educate you step by step? Or would you rather be able to see the big picture and identify the steps that will get you out of a difficult situation?

 The Workouts & Bankruptcy Workshop is a three-day overview of the workouts and bankruptcy process. This program focuses on what’s important in documents in downside scenarios and helps take the mystery out of bankruptcy buzz words.

In your career you won't avoid insolvencies but at least you can act quickly and learn to guide them to a virtually painless conclusion.

For upcoming workshop dates, click here.

What you will learn

  • How to utilize your lawyers effectively and efficiently in workouts and restructurings
  • Financing opportunities in bankruptcy/debtor-in-possession financing
  • Understanding bankruptcy buzz words including cram up, cram down, adequate protection and DIP financing
  • How to tell what’s important in your documents
  • Critical aspects of loan documents in a downside scenario

Who should attend

Program Level: Intermediate/Advanced

Workout specialists, account managers, loan officers, new business staff, credit officers and others with a minimum of two years of asset-based lending experience.

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Module 1 -  Introduction
Module 2 - Overview of Workout and Bankruptcy Process: Introduction of Basic Concepts
  • Goals
  • Advantages/Disadvantages of Workout
  • Advantages/Disadvantages of Foreclosure and Liquidation
  • Goals of Bankruptcy
  • Types of Bankruptcy
  • Advantages/Disadvantages of Bankruptcy
  • Post-Default Due Diligence
Module 3 - Consensual Workouts
  • Goals
  • Assembling the Team
  • Notice of Default
  • Forbearance Agreement
  • Extension Agreement Terms
  • Settlement Agreement Terms
  • Dealing with Dissident Creditors
  • The Preference Rules
  • Exception
  • Workout Tips
Module 4 - Protecting and Enforcing Secured Claims in Bankruptcy
  • Goals
  • Parties
  • Key Concepts
  • Scope of the Lien
  • Value of the Lien
  • Preserving the Value
  • Enforcement of the Lien
Module 5 - Sales of Assets In and Out of Bankruptcy
  • Goals
  • Advantages of Sales of Assets under the Bankruptcy Code
Module 6 - Financing a Chapter 11 Bankruptcy Case
  • Goals
  • Take Out Financing
  • Roll Up Financing
  • Terms of Cash Collateral
  • Terms of Financing Orders
  • Special Provisions
Module 7 - The Plan of Reorganization
  • Goals
  • Requirements for Confirmation
  • Requirements for Cramdown
  • The New Value Exception
  • Steps in Creating a Plan
  • Effects of Confirmation