About
Do you have the state-of-the-art skills and strategies you need to maximize recovery of distressed debt with a successful workout?
The commercial lending market continues to face the challenges of a bad debt crisis. The dramatic jump in charge-offs, bad loans, and non-current loans in 2001 was just the beginning. The number of companies that filed for bankruptcy increased over 46 percent since 2001. 257 publicly traded companies filed just in the past 12 months. The number of companies facing difficulties in meeting their loan obligations has mushroomed and the prognosis for economic recovery is uncertain.
With such a dismal picture, it is imperative that commercial lenders maximize their recovery on distressed debt. Because workouts are an art rather than a science, their success requires not only a comprehensive, up-to-the-minute understanding of the legal issues and a state-of-the-art appreciation of the business considerations, but also finely honed strategic and negotiating skills. Considering the stakes involved, everyone involved in the workout process must be armed with the information they need to make the right decisions today.
Commercial Loan Workouts was specifically designed by the
American Conference Institute to provide you with a comprehensive and intensive review of the very latest developments in the law, the important business considerations that must underlie your workout or financial restructuring and the most current tactics and strategies that are proving successful for the leading workout "artists" today. The distinguished panel included leading in-house counsel from the top lending institutions, restructuring professionals and workout specialists, and expert attorneys. You will get information and insights from the
Bank of America, FleetBoston Financial, JP Morgan Chase, PNC Bank, Wachovia Securities and other workout specialists on:
- Signs of a potential default-and what you can do about it
- Case studies of the most creative workouts for the most difficult scenarios
- How to enhance and improve your collateral position
- Strategies for dealing with other creditors
- Protecting yourself against lender liability claims
- Ensuring recovery when assets or debtors are overseas
- Issues involved in using a turnaround officer
Take your workout skills to the next level. Take this opportunity to get the practical solutions you need for your most challenging problems from the experts. Benefit from the comprehensive program materials specifically prepared by the speakers for this event - they will be a valuable resource in your workouts and restructurings over the coming months.
Contents & Contributors
FROM BORROWER TO DEBTOR: WARNING SIGNS AND
PROTECTIVE PROCEDURES
Paul V. Kennedy, FleetBoston Financial Corporation
Ira L. Herman, Bryan Cave LLP
Scott A. Lessne, FleetBoston Financial Corporation
OUT-OF-COURT WORKOUTS COMPARED TO TRADITIONAL CHAPTER 11
Arlene Elgart Mirsky, Sills Cummis Radin Tischman Epstein & Gross
LEGAL ISSUES AND ALTERNATIVES FOR CREDITORS OF
TROUBLED COMPANIES
Thomas J. Moloney, Cleary, Gottlieb, Steen & Hamilton
Sanjeet Malik, Cleary, Gottlieb, Steen & Hamilton
Bairbre O'Neill, Cleary, Gottlieb, Steen & Hamilton
FINANCIAL FRAUD: COMMON THEMES AND TRENDS
Anthony Jordan, Deloitte & Touche, LLP
COMMERCIAL LOAN WORKOUTS: STRATEGIES FOR DETECTING FRAUD
Ellen S. Zimiles, KPMG
SECURITY INTERESTS IN BANK DEPOSITS
(BLOCKED ACCOUNT AGREEMENTS)
Mark Fogel, Edwards & Angell, LLP
Kerri Duffell, Edwards & Angell, LLP
Faith M. Kaliski, Edwards & Angell, LLP
HIDDEN LIENS
Mark Fogel, Edwards & Angell, LLP
DISTRESSED LOANS – SELECTED ISSUES
Arlene Elgart Mirsky, Sills Cummis Radin Tischman Epstein & Gross
THE REMEDY OF SELF HELP AND THE SECURED LENDER
Peter Forgosh, Pitney, Hardin, Kipp & Szuch LLP
PRACTICAL STRATEGIES FOR ENFORCING AND REALIZING SECURITY
INTERESTS AND PROCEDURES UNDER REVISED ARTICLE 9
Dennis J. Drebsky, Clifford Chance Rogers & Wells LLP
RESOLVING THE PRACTICAL PROBLEMS IN REAL ESTATE WORKOUTS
Stephen R. MacDonald, Dewey Ballantine LLP
POSITIONING A TURNAROUND OFFICER FOR OPTIMAL EFFECTIVENESS
(WHILE AVOIDING LENDER LIABILITY)
Brian Trust, Mayer Brown & Platt
SYNDICATED LOANS, SUBORDINATED DEBT AND OTHER
INTERCREDITOR ISSUES
Brian Trust, Mayer Brown & Platt
CAUTIONARY TALES FROM A ROAD WARRIOR: "GOSH TOTO, I DON'T
THINK WE ARE IN KANSAS ANYMORE!"
J. Robert Cotton, Kroll Zolfo Cooper
CROSS-BORDER LOANS AND RECOVERIES
Edwin E. Smith, Bingham McCutchen LLP
MINIMIZING THE BANK'S EXPOSURE FOR CASH MANAGEMENT
SERVICES IN A WORKOUT
Jill A. Berns, FleetBoston Financial Corp.
Gregg M. Galardi, Skadden, Arps, Slate, Meagher & Flom LLP
ETHICAL CONSIDERATIONS IN A WORKOUT
William M. O'Connor, Buchanan Ingersoll Professional Corporation
James T. Hughes, Buchanan Ingersoll Professional Corporation
RED FLAGS AND FRAUDULENT FINANCIAL REPORTING
Jerry Barbanel, Kroll Zolfo Cooper LLC
Xavier Oustalniol, Kroll Zolfo Cooper LLC
DETECTING FRAUD: A GUIDE FOR NON-FINANCIAL PROFESSIONALS
Deirdre Flaherty, Deloitte & Touche, LLP
Publication Details