With the debt market getting riskier, litigation surrounding debt transactions may soon be on the rise. This webinar provides a legal update that explores liability for lenders and for secondary market investors in corporate debt.

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AGENDA

Investing in Distressed Businesses? Be Careful How you Proceed!

Ronald Sussman
Cooley Godward Kronish

Investing in businesses on the brink of bankruptcy can expose investors, banks and advisors to a host of pitfalls. This presentation discusses these dangers and suggests practical ways the investor may proceed while minimizing the odds of making a mistake that will lead to liability.

  • Equitably Subordinating the Debt
  • Claim Re-characterization
  • Charges of Constructive Fraud

Implications from the Enron Bankruptcy Litigation

Patricia O’Prey
Richards Kibbe & Orbe

Recently, several decisions in the Enron bankruptcy case have injected uncertainty into the landscape of trading in claims and bank debt. One appeal held that the risk of equitable subordination and disallowance is "personal" to the bad actor and does not travel with a claim if that claim was sold. However, if the claim was assigned, equitable subordination and disallowance risk does travel with the claim. This presentation discusses the district court's decision as well as the possible implications for the bank debt, bond and claims trading markets.

  • Creditor Defenses
  • Current Market Trading Convention
  • Distinction Between an Assignment and a Sale
  • Reactions & Implications of the Decision

Beyond the Bankruptcy Courts:
State Law Lender Liability Issues for Secondary Debt Investors

Robert Friedman
Kelley Drye & Warren

The Enron claims trading cases analyze liability mainly in connection with equitable subordination and other bankruptcy-related claims. How will courts apply the Enron precedent to state law claims outside the bankruptcy arena, especially where codified state unfair competition statutes have a "public harm component"? This presentation addresses the impact of the Enron cases on potential state law claims against secondary debt purchasers and suggests possible steps to mitigate risk.

  • Breach of Fiduciary Duty
  • Unfair Competition Statutes – Public Harm Components
  • Champerty
  • Practical Tips to Mitigate Risk
Moderated by Brett Goetschius, Editor & Publisher of
The Distressed Debt Report

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