Legal and Strategic Guide to

Chapter 11 Finance

Maximizing Your Returns in the Bankruptcy Arena

Monday, April 26, 2004

About

Do you have the up-to-the-minute information you need to minimize your risk when lending to a Chapter 11 company?

Large-scale corporate bankruptcies have become a fact of life in the business world. Major lawsuits have pushed prominent companies into Chapter 11 and several large industries face uncertain prospects. The economy may be improving, but corporate bankruptcies are here to stay.

This environment requires that commercial lenders and investors thoroughly understand the complexities of providing financing to companies in Chapter 11. While informed lenders and investors can find great opportunity in businesses in distressed circumstances, those who are unprepared for the challenges in this complex arena will find themselves entangled in a very expensive web.

American Conference Institute has developed The Second Annual Legal and Strategic Guide to Chapter 11 Finance: Maximizing Your Returns in the Bankruptcy Arena publication to give you the latest information from the most experienced and knowledgeable professionals in the field of Chapter 11 finance. A wide variety of experts - turnaround and workout professionals, in-house counsel, and leading attorneys on both the lender and debtor side - have provided critical information in order to give you the guidance to successfully maximize your returns when financing a Chapter 11 company. Professionals from Airbus North America Holdings, Bank of America, Citigroup, Dynegy Power Marketing, FleetBoston Financial, Franklin Mutual Advisors, J.P. Morgan Chase, Knox & Co., KPMG, Saybrook Capital, TRG, Trilogy Capital and leading law firms will share their insights on:

  • Strategies for converting debt to equity
  • Preserving and improving your position among creditors
  • How your ability to recover in bankruptcy may be impacted by large-scale litigation
  • When and how to securitize in the shadow of bankruptcy
  • What recent developments in the asbestos cases may mean for other troubled companies/industries

Contents & Contributors

About

Do you have the up-to-the-minute information you need to minimize your risk when lending to a Chapter 11 company?

Large-scale corporate bankruptcies have become a fact of life in the business world. Major lawsuits have pushed prominent companies into Chapter 11 and several large industries face uncertain prospects. The economy may be improving, but corporate bankruptcies are here to stay.

This environment requires that commercial lenders and investors thoroughly understand the complexities of providing financing to companies in Chapter 11. While informed lenders and investors can find great opportunity in businesses in distressed circumstances, those who are unprepared for the challenges in this complex arena will find themselves entangled in a very expensive web.

American Conference Institute has developed The Second Annual Legal and Strategic Guide to Chapter 11 Finance: Maximizing Your Returns in the Bankruptcy Arena publication to give you the latest information from the most experienced and knowledgeable professionals in the field of Chapter 11 finance. A wide variety of experts - turnaround and workout professionals, in-house counsel, and leading attorneys on both the lender and debtor side - have provided critical information in order to give you the guidance to successfully maximize your returns when financing a Chapter 11 company. Professionals from Airbus North America Holdings, Bank of America, Citigroup, Dynegy Power Marketing, FleetBoston Financial, Franklin Mutual Advisors, J.P. Morgan Chase, Knox & Co., KPMG, Saybrook Capital, TRG, Trilogy Capital and leading law firms will share their insights on:

  • Strategies for converting debt to equity
  • Preserving and improving your position among creditors
  • How your ability to recover in bankruptcy may be impacted by large-scale litigation
  • When and how to securitize in the shadow of bankruptcy
  • What recent developments in the asbestos cases may mean for other troubled companies/industries

Contents & Contributors

THE IMPACT OF BANKRUPTCY FILING ON SECURITIZATION SELECTED ISSUES
Steven Abramowitz, Partner, Vinson & Elkins LLP (New York, NY)

THE SALE/LOAN DISTINCTION
Edwin Smith, Partner, Bingham McCutchen (Boston, MA)

BUYING AND SELLING DISTRESSED DEBT
Stephen Ewald, Assistant General Counsel, Bank of America Corporation (Charlotte, NC)
Lynn Baldwin, Senior Vice President, Bank of America, Special Assets (Charlotte, NC)
Steven Gidumal
Bradley Takahashi, Vice President, Franklin Mutual Advisers (Short Hills, NJ)

CASH COLLATERAL AND OTHER ISSUES FOR PRE-PETITION LENDERS
Honor S. Heath, Senior Counsel, FleetBoston Financial Corporation (Hartford, CT)

AN OVERVIEW OF DIP FINANCING
Marshall Huebner, Partner, Davis Polk & Wardwell (New York, NY)

STRUCTURING EXIT FINANCING ARRANGEMENTS
Brian Trust, Partner, Mayer, Brown, Rowe & Maw LLP (New York, NY)

SUBORDINATION UNDER BANKRUPTCY CODE SECTION 510: ISSUES AFFECTING CONTRACTUAL AND EQUITABLE SUBORDINATION
Mark Bane, Esq., Partner, Kelley Drye & Warren (New York, NY)
Deborah Fried-Rubin, Esq., Kelley Drye & Warren (New York, NY)

INTER-CREDITOR AFFAIRS: PRESERVING YOUR RELATIVE POSITION
Prepared by Tina Brozman, Partner, Bingham McCutchen, (New York, NY)
Submitted by Amy Kyle, Partner, Bingham McCutchen, (Boston, MA)

LITIGATION IN BANKRUPTCY: HOW CREDITORS CAN PROTECT THEMSELVES
Kenneth H. Eckstein, Esq., Partner, Kramer Levin Naftalis & Frankel LLP (New York, NY)

NEW CHALLENGES AND OPPORTUNITIES IN CHAPTER 11 FINANCE
Jeffrey Gaynor, Managing Director, Knox & Co. (New York, NY)



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0