• videocam Live Webinar with Live Q&A
  • calendar_month July 14, 2026 @ 1:00 PM ET./10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Bankruptcy
  • schedule 90 minutes

Beyond Chapter 11: Evaluating Receiverships, ABCs, and Bankruptcy in a Distressed Market

About the Course

Introduction

This CLE course examines the strategic considerations that drive the selection of bankruptcy, receivership, or ABC proceedings and compares how each process addresses asset preservation, business operations, creditor rights, claims administration, and distressed asset sales. The panel will explore why receiverships have experienced significant growth in recent years, the circumstances in which lenders and purchasers may prefer receivership or ABC proceedings to bankruptcy, and when Chapter 11 remains the superior solution.

Description

For decades, bankruptcy has been the default forum for resolving financial distress, preserving value, and selling troubled businesses. Today, however, distressed companies, secured lenders and investors, and purchasers increasingly turn to state-law alternatives such as receiverships and assignments for the benefit of creditors (ABCs) to achieve many of the same objectives with greater speed, lower cost, and enhanced flexibility.

Particular attention will be given to recent developments, including the adoption of the Uniform Commercial Real Estate Receivership Act (UCRERA) and the Uniform Assignment for the Benefit of Creditors Act, and the impact these uniform laws are having on state-law insolvency proceedings. The discussion will also address judgment-enforcement receiverships, distressed asset acquisitions, successor liability concerns, free-and-clear sale protections, the Federal Priority Act, fiduciary duties of receivers and assignees, and practical drafting considerations for receivership orders, sale orders, assignment agreements, and related documents.

This program approaches forum selection from the perspective of all major stakeholders in a distressed situation, recognizing that the optimal remedy often depends upon whose interests counsel is charged with protecting. Drawing on decades of experience representing lenders, borrowers, distressed companies, receivers, purchasers, fiduciaries, and creditors in workouts, restructurings, insolvency proceedings, distressed asset sales, and bankruptcy cases, the panelists will share practical insights from the trenches and discuss how strategic decisions made at the outset of a distressed situation can significantly affect outcomes.

Our panel will provide participants with a practical framework for evaluating available remedies and determining which process is most likely to maximize value, protect stakeholder interests, and achieve strategic objectives in a particular distressed situation.


Presented By

Jeffrey P. Bast Esq.
Founder
Bast Amron LLP

Mr. Bast has been practicing in the insolvency and litigation arena for 30 years. He guides business clients through all types of insolvency-related issues, including bankruptcy and bankruptcy avoidance, emphasizing corporate reorganization, workouts, and liquidation. Through his experience in commercial litigation, Mr. Bast knows his way around the courtroom, but he also knows that his clients are often better served by avoiding court. For this reason, his initial focus is avoiding bankruptcy when possible. His business background makes him well-suited to guiding his clients with insolvency-related transactions as well. Mr. Bast has extensive experience with all aspects of bankruptcy sales, acquisitions, and financing. He represents corporate and individual debtors, shareholders, trustees, receivers, indenture trustees, and creditors’ committees, as well as secured and unsecured creditors in workouts, reorganizations, and litigation.

David S. Kupetz
Partner
Troutman Pepper Locke LLP

Mr. Kupetz has more than 35 years of experience in restructuring positions him as a trusted advisor in high-stakes bankruptcy and insolvency matters across diverse industries. He brings a wealth of experience in distressed transactions, crisis avoidance, workouts, restructurings, bankruptcies, receiverships, insolvency matters, and creditor rights. Mr. Kupetz represents a diverse range of clients, including debtors in Chapter 11 reorganization cases and out-of-court restructurings, secured and unsecured creditors, creditors’ committees, assignees for the benefit of creditors, and buyers/sellers of distressed businesses and assets. His clients span various industries, such as finance, consumer goods, franchises, manufacturing, retail, health care, hospitality, real estate, technology, media, and telecommunications. Mr. Kupetz is known for his strategic approach to insolvency and bankruptcy situations, providing tailored solutions that help clients navigate complex financial challenges. He works on behalf of his clients to avoid costly litigation whenever possible, while advocating for their interests in court when necessary. 

George H. Singer
Partner
Holland & Hart

Mr. Singer is a trusted advisor to public and private companies, offering strategic counsel on complex corporate finance and commercial transactions to help clients structure, negotiate, and manage risk. He represents lenders, borrowers, administrative agents, private equity firms, and their portfolio companies in sophisticated debt and equity financings. Mr. Singer also advises clients on mergers, acquisitions, divestitures, and other strategic transactions, aligning legal strategy with their broader business goals.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, July 14, 2026

  • schedule

    1:00 PM ET./10:00 AM PT

Part I – Choosing the Forum

  • What objectives are we trying to achieve?
  • When is Chapter 11 best solution?
  • When is a receivership best solution?
  • When is an ABC best solution?
  • Who controls the process?
  • How does the analysis differ if I represent
      • a distressed company?
      • a secured lender?
      • a receiver or assignee?
      • a purchaser?
  • When is an ABC best solution?
  • What factors drive the decision?
  • How does analysis change if I represent a debtor, buyer, lender or unsecured creditor?

Part II – Buying and Selling Distressed Assets

  • Bankruptcy sale versus receivership sale versus ABC sale
  • Successor liability risks
  • Free-and-clear protections
  • Ability to assume and assign contracts
  • Treatment of liens and claims
  • What buyers can obtain in bankruptcy that they cannot obtain in receiverships or ABCs

Part III – Protecting Creditors

  • Rights of secured creditors
  • Rights of unsecured creditors
  • Notice and due process concerns
  • Federal Priority Act traps

Part IV – The New Uniform Laws

  • UCRERA
  • Uniform Assignment for the Benefit of Creditors Act
  • What practitioners need to know now

Part V – War Stories

  • Situations where bankruptcy was the wrong choice
  • Situations where receivership was the wrong choice
  • Situations where an ABC created unexpected problems


The panel will review these and other key issues:

  • How are receiverships and ABCs being used?
  • Does the Uniform Assignment for Benefit of Creditors Act make any material changes to state law?
  • What factors must be considered by lenders, borrowers, buyers, and others when evaluating whether to seek or oppose a receivership or to use the ABC process?
  • What are the key provisions in any relevant receivership order or ABC?