Riding the COVID-19 Bankruptcy Tsunami: Strategies for Trade Creditors
10/8/2020 9:00 AM PT - 10:00:00 AM PT

Riding the COVID-19 Bankruptcy Tsunami: Strategies for Trade Creditors Preparing for and Responding to A Customers’ Insolvency

Creditors in the midst of the tsunami of bankruptcy filings by their financially troubled customers should be refining their toolkit to reduce their risk of loss. Our speakers will walk you through the credit professional’s arsenal: identifying the early signs of a troubled customer; sources of information; mitigating risk of loss, including a discussion of risk mitigation tools such as letters of credit, consignments, purchase money security interests, lien rights, credit insurance, guaranty, and setoff rights; UCC remedies, such as stoppage of delivery and adequate assurance rights; pursuing goods sellers’ priority claims for goods delivered within 20 days of bankruptcy; mitigating preference risk with troubled customers; and developing a checklist for defending preference claims.

Instructors Bruce S. Nathan, Esq. and Andrew Behlmann, Esq.
Bruce S. Nathan, Esq., Partner, Lowenstein Sandler LLP

With more than 35 years of experience in the bankruptcy and insolvency field, Bruce is a recognized leader nationwide in trade creditor rights and the representation of trade creditors in bankruptcy and other legal matters. He has represented trade and other unsecured creditors, unsecured creditors' committees, secured creditors, and other interested parties in many of the larger Chapter 11 cases that have been filed. Bruce also handles letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements and legal credit issues for the credit departments of institutional clients.

Among his various legal recognitions, Bruce received the Top Hat Award in 2011, a prestigious annual award honoring extraordinary executives and professionals in the credit industry. He was co-chair of the Avoiding Powers Committee that worked with the American Bankruptcy Institute's (ABI) Commission to Study the Reform of Chapter 11, participated in ABI's Great Debates at their 2010 Annual Spring Meeting–arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors–and was a panelist for a session sponsored by ABI. He is a frequent presenter at industry conferences throughout the country, as well as a prolific author regarding bankruptcy and creditors' rights topics in various legal and trade publications.

Bruce is a co-author of "Trade Creditor Remedies Manual: Trade Creditors' Rights under the UCC and the U.S Bankruptcy Code," published by ABI at the end of 2011. He has also contributed to ABI Journal and is a former member of ABI's Board of Directors and former co-chair of ABI's Unsecured Trade Creditors Committee.

Andrew Behlmann, Esq., Partner, Lowenstein Sandler LLP

Andrew leverages his background in corporate finance and management to approach restructuring problems, both in and out of court, from a practical, results-oriented perspective. With a focus on building consensus among multiple parties that have competing priorities, Andrew is equally at home both in and out of the courtroom, and he has a track record of turning financial distress into positive business outcomes. Clients value his counsel in complex Chapter 11 cases, where he represents debtors, creditors' committees, purchasers, and investors.

Andrew writes and speaks frequently about bankruptcy matters and financial issues. Before becoming a lawyer, he worked in senior financial management at a midsize, privately held company.

Event Sponsor:  NACM Commercial Services

Course Level:  I - Intermediate

CEU: 0.100
CCE: 0.100


 Members: $39.00 Non-Members: $69.00

*Price is for admission only. Some events, especially college credit classes, have additional costs associated with materials, such as text books. See the event comments above for more details. Membership discount eligibility is at the discretion of the event sponsor.

Cancellations will be accepted for full refund no later than five working days prior to event — substitute attendees accepted up to day of event.