Bankruptcy: Financing, Litigation, and Contracts

Explains three critical issues for a company as it goes through a bankruptcy case: the methods of financing available to the company, the process and procedure of bankruptcy litigation, and how contracts and leases are dealt with when a company goes through a restructuring.

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    Bankruptcy Litigation Overview

    At its heart, Chapter 11 is an adversarial process. This course explains the key litigation concepts and actions in a Chapter 11 bankruptcy case, including jurisdiction, the bankruptcy estate, core proceedings, contested matters, and adversary proceedings.

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    Avoidance Actions

    An overview of avoidance actions in a corporate restructuring, with a focus on preference actions and actual or constructive fraudulent transfers and conveyances.

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    Financing in Bankruptcy: DIP Loans

    An overview of debtor-in-possession (DIP) loan arrangements. Covers the process, documentation, and lenders, including a discussion of the benefits offered to DIP lenders under the Bankruptcy Code.

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    Financing in Bankruptcy: Cash Collateral and Unsecured Credit

    An overview of how companies use cash and unsecured credit to finance their operations during bankruptcy. Covers encumbered cash (cash collateral), unencumbered cash, establishing adequate protection, and how companies can take out additional unsecured credit.