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New York Bankruptcy Laws and Obligations

Gain a comprehensive understanding of the lifecycle of a Chapter 11 proceeding and delve into the critical legal intricacies inherent in bankruptcy cases.

This presentation will provide a practical primer on U.S. Bankruptcy Code proceedings. It will walk through the lifecycle of a Chapter 11 proceeding, describe why parties may wish to commence such a proceeding and give an overview of the key legal issues that typically arise in a bankruptcy. This background will be valuable not only for bankruptcy and restructuring practitioners but also for lawyers in a variety of other practice areas. Bankruptcy proceedings can dramatically affect parties' rights and obligations, and a strong understanding of the Bankruptcy Code can allow practitioners to structure their transactions and organize their litigation strategies in a way that maximizes opportunity and minimizes the risk bankruptcy presents.

67 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of Chapter 11

  • Types of Voluntary Bankruptcies
  • Key Players and Tools
  • Key Concepts: Debtor in Possession, Automatic Stay, Dip Financing, Executory Contracts, Asset Sales

Chapter 11 Process

  • Pre-Filing Preparations
  • First Day Motions
  • Claims Resolution Process
  • Priority of Claims
  • Rights of Secured Creditors
  • Chapter 11 Plan
  • Requirements for Confirmation
  • Emergence From Chapter 11
  • Issuance of Securities

Chapter 11 Litigation

  • Avoidance-Fraudulent Transfers, Preferences,
  • Other Adversary Proceedings and Discovery
  • Derivative Standing

Q and A

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on December 12, 2023.

Call 1-866-352-9540 for further credit information.

  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • NY CLE 1.0 including Areas of Professional Practice 1
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Brandon M. Hammer

Cleary Gottlieb Steen & Hamilton LLP

Brandon Hammer

  • Counsel at Cleary Gottlieb
  • Practice focuses on a broad range of creditors’ rights, netting, financial regulatory, bankruptcy, digital asset, and market infrastructure issues
  • Clients include financial institutions, clearinghouses, sovereigns, and end users. Frequently counsels leading financial market trade associations and ad hoc coalitions on major industry initiatives and industry-standard opinions
  • Advised clients regarding close-out netting rights under a variety of different U.S. insolvency regimes, including the Bankruptcy Code, the Federal Deposit Insurance Act, the Securities Investor Protection Act, the New York Banking Law, and the Orderly Liquidation Authority title of the Dodd-Frank Act, and represents clients before federal regulatory agencies and self-regulatory organizations
  • Past and current engagements include representing a large investment bank in connection with the default of Archegos Capital Management, advising Goldman Sachs, Morgan Stanley, Nomura, and other financial institutions in connection with the close-out of derivatives, repos, and other financial transactions, and working with Coinbase on structuring its digital asset custody arrangement to facilitate bankruptcy remoteness analyses

Thomas K. Kessler

Cleary Gottlieb Steen & Hamilton LLP

Tom Kessler

  • Partner at Cleary Gottlieb
  • Represents debtors, creditors, and other parties in interest in a broad range of restructuring matters, including bankruptcy proceedings, out-of-court restructurings, and bankruptcy-related transactions
  • Advised clients in high-profile restructuring matters, finding business-oriented strategies designed to achieve client goals
  • Worked with debtors and creditors to navigate complex, multi-billion dollar distressed situations and regularly litigated high-stakes contested matters, adversary proceedings, and other complex civil cases
  • Represented Samarco Mineração S.A., Crowne Plaza Times Square, Aeroméxico, Modular Space Corporation, and Overseas Shipholding Group, as well as in several out-of-court restructurings
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 409004
Published 2023
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