Finance and Banking

- What Every Restructuring Professional Should Know about Financial Statements and Monthly Operating Reports - What Every Restructuring Professional Should Know about Using Financial Documents as Evidence - What Every Restructuring Professional Should Know about Hedge Funds

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

With the economic challenges over the past five years, the lending landscape has changed dramatically. The boundaries for commercial and alternative lenders have changed, and borrowers’ options for financing are continuing to develop. Learn what commercial and alternative lenders can (and cannot) do for a borrower and how financing structures have become more creative to fit the needs of borrowers. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

Following the financial crisis, lending activities have been closely scrutinized by regulators, lawmakers and the courts. Debtors and bankruptcy trustees have actively pursued claims against commercial lenders. Learn firsthand about recent legal developments that impact commercial loan transactions and practical strategies for minimizing the risk of lender liability claims. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

Are any financial institutions “too big to fail”? Since the financial crisis of 2008, governments, financial institutions, practitioners and academics have debated, proposed and in some instances implemented provisions to reduce the likelihood that a failure by a systemically important financial institution would cause systemic risk. This panel will discuss the failures of U.S. financial institutions and the current and prospective measures to facilitate the resolution of these institutions without transmitting risk to the U.S. financial system.

The issue of "double-dipping", wherein a creditor is able to increase its recovery by multiplying its allowed claim against a particular entity or asserting claims against multiple entities, has been prevalent in a number of recent restructurings, including American Airlines, Lehman Brothers, CIT Group Inc., Smurfit-Stone Container Corp. and AbitibiBowater Inc. This panel will address the concept of "double-dipping", the scenarios under which it arises and their experience in dealing with the issue in various cases.

This panel will address current developments and improvements in DIP financing, including incurring credit in the ordinary course, priming liens, fairness, adequate protection, loan fees, mootness and good faith.

This panel will discuss recent trends and views on various issues that arise in an out-of-court workout, as well as various strategies that can be employed in a bankruptcy case—all from the lender’s perspective. The panel will also explore the latest developments in DIP financing.