Session Description:
Over the past several years, lending to "Special Purpose Entities" or "Bankruptcy Remote Entities" has become more and more common, with documents including ever more creative terms intended to reduce the risk of a borrower filing for bankruptcy including This session will provide an update as to whether court's have enforced these bankruptcy risk mitigation provisions, especially in light of recent decisions relating to independent directors (In re 301 W. N. Ave. LLC, 2025 WL 37897 (Bankr. N.D. Ill. 2025)) and waivers of the automatic stay (In re DJK Enterprises LLC, 24-60126 (Bankr. S.D. Ill. 2025)).
Learning Outcomes:
Participants will learn about the most recent provisions of loan agreements and organizational documents that are intended to reduce a borrower's risk of filing for bankruptcy, and the most recent court decisions interpreting the documents.
Target Audience:
Creditor
Related Documents:
Suggested Speakers:
Gregory
Hesse
ghesse@hunton.com
Jason
Harbour
jharbour@hunton.com
First Name:
Gregory
Last Name:
Hesse
Email:
ghesse@hunton.com
Firm:
Hunton Andrews Kurth
Suggested Categories:
City:
Dallas
State:
TX