Bankruptcy-Proof Finance and Safe Harbor Agreements: Bypassing the Automatic Stay and Other Bankruptcy Restrictions
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Bankruptcy
- event Date
Thursday, December 2, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide bankruptcy counsel regarding the treatment of safe harbor agreements in bankruptcy, potential pitfalls related to safe harbor agreements, and how to avoid them.
Mr. Harbour regularly represents all major constituencies in formal bankruptcy proceedings and in out-of-court restructurings. His experience includes representing corporate debtors, secured and unsecured creditors, parties to safe harbored financial contracts, indenture and securitization trustees, lessors, and other parties in interest in Chapter 7, Chapter 11 and Chapter 15 bankruptcies, and in workouts. Mr. Harbour’s practice also focuses on providing insolvency-related structuring advice and legal opinions in connection with complex transactions for asset based-lending, asset securitizations, safe harbored financial contracts, conduits, derivatives and other financial hedges, project finance, REITS, REMICS, real estate finance and other capital markets transactions.
Ms. Mulcare’s practice focuses on restructuring, insolvency and bankruptcy litigation matters. In facilitating the recovery of distressed assets, she has represented senior secured creditors and strategic investors in major cases in a variety of industries in both US and international jurisdictions. Ms. Mulcare has extensive experience in workouts and restructurings (including, the sale and purchase of distressed assets). She also advises a range of parties on netting-related safe harbor and bankruptcy-related intellectual property issues.
Protected contracts allow a qualifying party to liquidate and close out a protected agreement with the debtor free from the automatic stay and certain other significant restrictions of the Bankruptcy Code.
A counterparty to a protected contract has more certainty in bankruptcy and a better grasp of what can be recovered and when. Counsel should understand the characteristics of repurchase facilities and other agreements.
Listen as our experienced panel of bankruptcy counsel discusses the requirements for meeting the repurchase agreement, securities contract, swap agreement, and master netting agreement safe harbors, including issues related to qualifying entities and qualifying assets. The webinar will also address recent cases involving safe harbors, including matters concerning safe harbor defenses and avoidance actions.
- Introduction
- Safe harbor agreements
- Repurchase agreements
- Securities contracts
- Swap agreements
- Master netting agreements
- Other safe harbor agreements
- Key provisions
- Entity issues
- Asset issues
- Facility length
- Safe harbor defenses to avoidance actions
- Additional recent cases
The panel will review these and other vital issues:
- What are the critical characteristics of "safe harbor" agreements?
- What kinds of entities and transactions are permitted in safe harbor transactions?
- How have the safe harbor provisions been expanded in recent years?
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