Gain a better understanding of bankruptcy case law developments and offer best practices for lenders to protect these claims.
Many banks are perplexed by the inconsistent treatment of make-wholes (otherwise known as prepayment premiums) in bankruptcy. Sometimes they are enforced, and sometimes not, for reasons that are difficult to reconcile. This information will help banks and their advisors understand the factors that courts consider when they decide whether to enforce make-wholes in bankruptcy, allowing them to draft better provisions and evaluate the risks associated with existing provisions.
Agenda
Faculty
Hugh McCullough
Davis Wright Tremaine LLP
- Partner in the Seattle office of Davis Wright Tremaine LLP
- Advises clients in litigations and transactions involving bankruptcy, the payments industry, and secured financings
- He regularly helps clients with matters that never reach a courtroom, but in cases requiring litigation, he has argued and won in the Washington Supreme Court, the 9th Circuit Court of Appeals, and federal courts around the country
- Conducts regular seminars on topics related to bankruptcy and the rights of secured creditors
- Member of the American Bankruptcy Institute and the Turnaround Management Association
- J.D. degree, cum laude, Northwestern University School of Law; B.A. degree in history and political science, Kansas State University
- Can be contacted at [email protected] or 206-622-3150
Brian Hulse
Davis Wright Tremaine LLP
- Partner in the Seattle office of Davis Wright Tremaine LLP
- Focuses his practice on real estate finance, commercial lending, finance and business transactions, loan workouts, realization proceedings, and bankruptcy
- Co-chair of the State Law Survey Task Force of the Commercial Finance Committee of the American Bar Association, editor-in-chief of 50-state survey of commercial lending laws and author of Washington chapter; fellow of the American College of Mortgage Attorneys; former member, board of regents; fellow of the American College of Commercial Finance Lawyers; member of the Legal Opinions Committee of the Washington State Bar Association
- J.D. degree, University of California, Berkeley, School of Law
- Can be contacted at 206-757-8261 or [email protected]
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