National Association of Credit Management

Description

Despite every diligent effort and safeguard, it is inevitable that at some point in one's career, each credit executive will find themselves encountering a customer's bankruptcy. Often this happens with no advance warning. Sometimes, the creditor has time to take precautionary steps to protect itself once the bankruptcy has been filed. This workshop is intended to be a soup to nuts approach on the Bankruptcy Code and the changes resulting from the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The program will include discussions on the impact of a trade creditor's ability to collect its claim and a creditor's resources to evaluate whether to extend credit to a debtor in bankruptcy.

Program Instructors

Wanda Borges is the principal member of Borges & Associates, LLC, a law firm based in Syosset, NY. For more than 29 years, Ms. Borges has concentrated her practice on commercial litigation and creditors' rights in bankruptcy matters, representing corporate clients and creditors' committees throughout the United States in Chapter 11 proceedings, out-of-court settlements, commercial transactions and preference litigation. She is the Immediate Past President of the Commercial Law League of America and has been an Attorney Member of its National Board of Governors, a Past Chair of the Bankruptcy Section and a past member of the executive council of its Eastern Region. Read more.

Wanda Borges, Esq.

Bruce Nathan is currently a member of the law firm of Lowenstein Sandler PC and is an active member of NACM and FCIB. Mr. Nathan concentrates on all aspects of creditors’ rights and workouts in bankruptcy, out of court matters, and other types of insolvency cases for secured creditors, creditors’ committees, trustees and trade creditors, and in negotiating and preparing letters of credit, guarantees, and security, consignment and other agreements. Read more.

Bruce Nathan, Esq.

Program Schedule

Program Focus:

• Bankruptcy Nuts and Bolts: A Quick Guide to the Basics in Bankruptcy
• Automatic Stay and Discharge Issues
• Claims issues (including priorities, claim filings, deadlines, objections)
• Secured vs. Unsecured Claims, including state and federal lien and trust fund rights that enhance the ability to collect a claim: the do's and don'ts
• Essential Vendor Treatment
• Reclamation Rights and Pitfalls
• "20 day" Administrative Claim
• Executory Contracts: What are they? What to do about them?
• Setoff and Recoupment: Hidden Gold
• Sales and Puts of Claims: The Risks and the Rewards
• Preferences: the Good, Bad and Ugly
• Creditors' Committees
• Chapter 11 Plan Process
• Non-bankruptcy Alternatives, such as Assignments for the Benefit of Creditors and Out of Court Compositions
• The Bankruptcy Program will also touch upon:
  • Voluntary vs. involuntary bankruptcy
  • The risks to an involuntary petitioner
  • The new obligations of Creditors' Committees and how they are being handled
  • The benefits and risks of selling to a chapter 11 debtor (is a priority administrative claim enough or should you seek enhancements?)
  • Exceptions to Discharge

Register early to make sure you get a spot in the workshop!