BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month May 12, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Bankruptcy
  • schedule 90 minutes

Asset-Based Credit Facilities in Chapter 11: Lender Options to Protect and Improve Position, Maximize Recovery

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About the Course

Introduction

This CLE webinar will discuss practical guidance for restructuring and bankruptcy counsel to asset-based loan (ABL) lenders on the most important issues they face and how ABL lenders can actually improve their position and maximize recovery when the borrower files bankruptcy.

Description

The collateral in an ABL is frequently inventory, accounts receivable, and the related cash proceeds. Special issues arise on both the original due diligence end and in bankruptcy when the loan is collateralized with trademarked inventory. The whole lending facility may also include term loans secured by real estate interests or equipment and guaranteed by related individuals or entities, and there may be more than one lender involved. 

The most unattractive option for debtors and creditors alike is usually straight liquidation of the collateral; however, liquidation may be the only option if the ABL borrower has engaged in fraud or other conduct that compromises the collateral. ABL lenders that fail to adequately monitor the borrower's compliance with the loan documents may find themselves in expensive litigation with other creditors and their own investors. 

In Chapter 11, the ABL lender can often obtain additional protection and priority of its interests by offering post-petition financing or obtaining creative forms of adequate protection. Careful attention must be given to realistic valuation of existing collateral and avoiding costly intercreditor disputes. 

Listen as this panel of experts discusses the unique issues facing ABL lenders when the borrower seeks bankruptcy protection and how they can maximize their recovery.

Presented By

Jennifer B. Hildebrandt
Partner
Paul Hastings, LLP

Ms. Hildebrandt is a partner in the Global Finance Group of Paul Hastings and head of the Los Angeles Corporate Department. She represents banks and other lenders in commercial finance matters (including asset-based loans and cash flow loans), restructurings, workouts, and special situation lending. Ms. Hildebrandt has extensive experience in multi-tranche and multi-lien transactions. In particular, she has extensive experience representing lenders in two lien deals, split collateral deals and first-out / last-out unitranche transactions. In addition, she has experience in various business sectors including healthcare, software, retail, insurance, media, franchise, restaurants, casinos, manufacturing, and vehicle and airline transportation, and in cross-border transactions.

Wade M. Kennedy
Partner
Holland & Knight LLP

Mr. Kennedy is an attorney in Holland & Knight's Chicago office and a member of the firm's Financial Services Team and co-lead of the Asset-Based Lending Team. He has more than 30 years of experience and focuses his practice on representing lead financial institutions in complex syndicated credits to asset-based and leveraged borrowers. Mr. Kennedye has significant experience documenting asset-based credit facilities in the context of sponsor-driven acquisitions, unitranche facilities and working capital, high yield/term debt and first lien/second lien transactions. In addition, his practice includes representing national financial institutions in single and multicurrency credit facilities, cross-border financings and other leveraged finance and cash flow transactions. Mr. Kennedy's asset-based lending experience spans various industries, including manufacturing, trucking, food products, lender finance, retail, beverage and energy. Prior to joining Holland & Knight, he was the head of asset-based lending and a partner in the debt finance group of an international law firm.

Brent R. McIlwain
Partner
Holland & Knight LLP

Mr. Mcllwain practices in the area of corporate finance and litigation, with a particular emphasis on bankruptcy and restructuring matters. He represents both debtors and creditors in Chapter 11 proceedings across the country, as well as in numerous out-of-court restructurings. Mr. McIlwain routinely advises finance clients on front-end deal structuring and intercreditor issues. He also represents clients in business litigation matters, both in state and federal court. His industry experience includes oil and gas, healthcare, manufacturing, food and agriculture, retail and financial services. 

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, May 12, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of ABL 

A. Need for controls and monitoring: Tricolor/True Brands

B. Problem of off-balance sheet financing

II. Borrower bankruptcy issues

A. Section 552, cash collateral and budgeting

B. Benefits and risks of acting as DIP

C. Keeping critical vendors and suppliers

D. Valuation and adequate protection

E. Priority disputes 

F. Plan structure: dealing with deficiencies

G. Exit financing

III. Recent cases

The panel will consider these and other important issues:

  • Who are ABL lenders?
  • What are the traps of too much automation and not enough human involvement in monitoring borrower reporting? 
  • How can debtors take advantage of discord among lenders?
  • What are the risks of using bankruptcy remote entities for ABL facilities?
  • Does it matter if the lender is a bank or private credit institution?