Bruce Nathan and Wanda Borges, Borges & Associates, will present "Bankruptcy: A View from the Bench and Bar," a review of the extensive changes to the Bankruptcy Code introduced in BAPCPA ten years ago. Practitioners have tackled a myriad of issues where debtors and creditors have sought to obtain rulings in their respective favors. There have been significant rulings on goods sellers' priority claims for the goods a debtor had received within 20 days of bankruptcy and on defenses to preference claims. Chapter 11 cases have also undergone a dramatic transformation over the past 10 years. This program will focus on current cases, the ongoing legal battles being waged in these cases and the latest hot issues of interest to trade creditors. Bruce will also present "Spotting and Reacting to the Financially Distressed Customer: Dodging the Bankruptcy Bullet," which focuses on the early warning signs characterizing troubled companies at risk of a future bankruptcy filing and the available sources of information from which credit executives can learn of these warning signs. Recent case studies will be presented to show how all these warning signs accumulate and point toward the inevitable. There will also be a review of the questions to ask and information to obtain from what might be financially distressed private companies. Credit executives will then learn how they can use this information to negotiate for protection from the risk of nonpayment or otherwise utilize the multiple available legal and risk mitigation tools that would enable them to reduce or terminate terms and enhance the likelihood of claims payment from struggling customers.
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