BANKRUPTCY 201: Pre-Petition Considerations
12/10/2019 8:30 AM PT - 10:00:00 AM PT

Pre-petition considerations—Don’t let bankruptcy happen to you! What should creditors consider when there is no bankruptcy yet.
-Red flags/warning signs that a company is in trouble
-Proactive measures to protect yourself prior to filing (preference exposure, slow payments, renegotiating contract terms)
-Lawsuits to collect prior to filing-advantages/disadvantages
-Cutting off debtors – difference between a simple purchase order arrangement (cutting off no problem) and executory contract relationships (cutting off may be more difficult)
-Unenforceability of ipso facto clauses stating that agreements are terminated upon a bankruptcy filing

Instructors Thomas Scannell & Leah Eisenberg
Thomas Scannell is a senior counsel attorney in Foley Gardere’s Financial Restructuring and Reorganization Practice. His practice primarily focuses on the restructuring of companies in and out of bankruptcy, debtors' and creditors' rights, and debtor-in-possession financers. Thomas also counsels his clients on out-of-court workouts, turnarounds, and the acquisition and sale of distressed assets.

Leah Eisenberg is of counsel and a bankruptcy and restructuring attorney with Foley & Lardner LLP. Leah’s practice focuses on counseling clients in default, restructuring, bankruptcy, and corporate trust matters, with an emphasis on indenture trustee, creditors’ committee, and other creditor representations.
Prior to joining Foley, Leah was a partner at a Washington, D.C.-based law firm in its New York office. Earlier in her career, she served as a first law clerk to the Honorable Robert E. Gerber, the U.S. bankruptcy judge for the Southern District of New York.

Event Sponsor:  NACM Commercial Services

Course Level:  I - Intermediate

CEU: 0.150
CCE: 0.150


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