Randy Orlik will lead the discussion for this session on Bankruptcy. The session will cover a range of topics inculding:
- Is Bankruptcy Necessary? Does it Achieve the Desired Result?
- What is the Purpose of a Bankruptcy?
- Options for Improving your Position Within the Capital Stack During Bankruptcy
- Pre-packaged Bankruptcy in the Context of Real Estate
- Tranche Warfare and the Role of Mezz and Equity
- Entity-Level Bankruptcies and Cross-Collateral Issues
- Issues Arising When Emergence from Bankruptcy
- Financial Restructuring vs. Liquidation: Deciding Which way to go?
- When does Equity Lose Control?
- Foreclosure Issues
- Operating During Bankruptcy
- Can the Borrower and Secured Lender Agree to use Bankruptcy as a Tool to Effectuate an Orderly Liquidation?
- State Law Considerations
- Market for DIP & Other Bankruptcy/Post-Bankruptcy Finance
- Debtor's Tax Implications Arising from Foreclosure, a Discounted Payoff, Workout or Purchase of its own Debt
- Utilizing Bad Boy Clauses
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