Doing Business With A Troubled Company:
What Should I Do?
Presenter: Bruce S. Nathan
Description:
Every credit executive dreads hearing that its customer just
filed for bankruptcy. This program will provide the credit executive
useful tools to enhance the likelihood of payment of pre and
post petition claims, including use of standby letters of credit,
selling on a consignment or purchase money security interest
basis, setoff and recoupment rights (hidden gold) where a trade
creditor and its customer have claims against each other; cashing
out claims through sales and puts of claims; stoppage of delivery
rights; expanded reclamation rights and a new administrative
claim in favor of sellers of goods under the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005; critical vendor
issues; and rights under supply contracts and other types of
executory contracts. Audience participation enlivens the session.
BIO:
Bruce S. Nathan is currently a member of the law firm
of Lowenstein Sandler PC and is an active member of NACM. 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, guaranties, security, consignment
and other agreements. Mr. Nathan holds combined J.D./M.B.A.
degrees from the University of Pennsylvania Law School and the
Wharton School of Management. He is also an active member of
the American Bankruptcy Institute (“ABI”), is a
co-chair of ABI’s Unsecured Trade Creditor Committee,
is a contributing editor for the “Last In Line”
column published in the American Bankruptcy Institute Journal
and is the editor of ABI’s Second Circuit Update.
Mr. Nathan also is the author of Manual on Trade Creditors’
Rights of Reclamation and Stoppage of Delivery of Goods
published by ABI and is also the author of a monograph entitled
Protecting Corporate Creditors under the Bankruptcy Code
published by Matthew Bender. Mr. Nathan also frequently
writes for NACM’s Business Credit and other credit-oriented
periodicals. Mr. Nathan is a member of NACM’s Editorial
Advisory Board and is a contributing editor of Manual of
Credit and Commercial Laws, 96th Edition, published by
NACM. Mr. Nathan also lectures at NACM Credit Congresses and
Legislative Conferences, and at various credit groups affiliated
with NACM on bankruptcy, UCC Article 9, letter of credit law,
and other credit-related issues.
