On Demand
Audio
Creditor Claims Against Distressed Companies
Produced on March 03, 2017
Course Information
Course Description
When the business relationship between a company and its creditor is going well, the creditor does not often spend much time thinking about the rights and remedies it might have if the company suffers financial distress later. Oftentimes, creditors do not focus on what rights they have until after distress sets in. When a company enters bankruptcy, creditors’ rights and remedies can be altered significantly, and creditors who do not pursue their rights until after a bankruptcy filing could find themselves with diminished recoveries.
Michael J. Riela and Richard W. Trotter, attorneys in the Creditors’ Rights and Business Reorganization practice group at the law firm of Tannenbaum Helpern Syracuse & Hirschtritt LLP, will discuss the principal rights and remedies that different types of creditors may have against companies that are in financial distress but are not yet in bankruptcy. They will also discuss how those rights change when a company enters bankruptcy. Finally, they will provide practical tips about how creditors can better protect their interests, both before and during bankruptcy.
Learning Objectives:
- Identify some of the principal rights and remedies that various types of creditors may have against distressed companies before bankruptcy, and the legal bases for such rights and remedies
- Explore how creditors’ rights are altered when a distressed company enters bankruptcy
- Understand the priority of claims in bankruptcy, and how differently-ranked creditors can receive materially different recoveries
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Recognize how creditors can better protect their interests, both before and during bankruptcy
Credit Information
Faculty
Michael Riela
Tannenbaum Helpern Syracuse & Hirschtritt LLP
Michael Riela advises clients in complex corporate restructuring and bankruptcy matters. He has in-depth experience in advising clients in corporate and real estate Chapter 11 and Chapter 7 bankruptcy cases, out-of-court restructurings, M&A transactions involving distressed sellers, debtor-in-possession (DIP) and bankruptcy exit loan facilities, secondary market trading of distressed debt and trade claims, and insolvency-related litigation. He has particular experience defending complex preference and fraudulent transfer cases, and with handling professional retention and fee dispute matters in bankruptcy cases. Michael’s restructuring and bankruptcy practice spans across numerous different industries, though much of his recent work is focused on the staffing, real estate, construction, retail, technology, and cannabis industries.
Richard Trotter
Tannenbaum Helpern Syracuse & Hirschtritt LLP
Richard Trotter is an associate in Tannenbaum Helpern’s Litigation and Bankruptcy practice groups. His diverse practice includes litigating a wide variety of complex commercial litigation and bankruptcy disputes in state, federal and bankruptcy court. Such disputes have involved issues of contract, securities, real estate and bankruptcy law. He has experience with both commercial and municipal bankruptcy context and has worked to preserve and enforce the rights of different parties at all stages of bankruptcy.
Reviews
Very informative review overview of the bankruptcy process
great
Excellent refresher course for corporate lawyer who is not a bankruptcy practitioner.
The class was enjoyable and informative. The faculty was very knowledgeable of the subject matter.
very helpful class for a corporate lawyer
Great information.
Excellent course.
Material was very substantial.
Good program. Not an area that I deal much in, but provided a good background.
Excellent in every way! This is the best Lawline video on the topics of Chapter 11 and Chapter 7 that I have seen thus far! Thank you for the excellent and informative presentation! Bravo to the younger associate/attorney for working so perfectly with the partner; they seemed to enjoy working together! Perfect written materials too; they were clear and not too overwhelming. I would rate this almost a "perfect ten" in terms of CLE presentations.
nice intro to bankruptcy
Too general
Job well done by the presenters.
Helpful commentary.