Alternatives to Bankruptcy: What Trade Creditors Need to Know
Recorded On: 05/26/2021
This on-demand webinar is available for 14 days after purchase.
The administrative cost of bankruptcy and the expanded rights granted to certain classes of creditors in bankruptcy cases makes bankruptcy costly and impractical for many small and middle-market financially distressed companies. Distressed companies are increasingly relying on assignments for the benefit of creditors (ABC), receiverships, Uniform Commercial Code Article 9 sales, out-of-court foreclosures, or simply closing down the business, which may produce a faster and greater distribution for creditors than a more expensive and slower bankruptcy case.
Join Lowenstein Sandler’s Bruce Nathan and Michael Papandrea as they discuss non-bankruptcy alternatives and share real-life examples.
This webinar will cover:
- How the alternatives differ from bankruptcy cases
- How trade creditors should respond if a customer pursues any of these alternatives
- Possible preference risk raised in ABCs and receiverships.
Bruce Nathan, Esq.
With more than 35 years of experience in the bankruptcy and insolvency field, Bruce is a recognized leader nationwide in trade creditor rights and the representation of trade creditors in bankruptcy and other legal matters. He has represented trade and other unsecured creditors, unsecured creditors' committees, secured creditors, and other interested parties in many of the larger Chapter 11 cases that have been filed. Bruce also handles letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements and legal credit issues for the credit departments of institutional clients.
Among his various legal recognitions, Bruce received the Top Hat Award in 2011, a prestigious annual award honoring extraordinary executives and professionals in the credit industry. He was co-chair of the Avoiding Powers Committee that worked with the American Bankruptcy Institute's (ABI) Commission to Study the Reform of Chapter 11, participated in ABI's Great Debates at their 2010 Annual Spring Meeting–arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors–and was a panelist for a session sponsored by ABI. He is a frequent presenter at industry conferences throughout the country, as well as a prolific author regarding bankruptcy and creditors' rights topics in various legal and trade publications. Bruce is a co-author of "Trade Creditor Remedies Manual: Trade Creditors' Rights under the UCC and the U.S Bankruptcy Code," published by ABI at the end of 2011. He has also contributed to ABI Journal and is a former member of ABI's Board of Directors and former co-chair of ABI's Unsecured Trade Creditors Committee.
Michael Papandrea, Esq.
Michael provides counsel to debtors, creditors’ committees, individual creditors, liquidating trustees, and other interested parties with respect to corporate bankruptcy and creditors’ rights matters, including bankruptcy-related litigation. Reliable and efficient, Michael is appreciated for his innate ability to effectively apply and communicate his understanding of the law and general business principles with respect to complex issues, both while providing advice to clients and while aggressively advocating on their behalf. Michael works tirelessly to understand clients’ needs and provide practical solutions that are reasonable, balanced, and favorable to the clients he serves. Michael takes pride in his commitment to the community and provides pro bono representation to individuals and a nonprofit organization regarding bankruptcy and foreclosure-related matters. Prior to joining the firm, Michael held multiple clerkships in the U.S. Bankruptcy Court; he clerked for the Hon. Jerrold N. Poslusny, Jr. (District of New Jersey), the Hon. Ashely M. Chan (Eastern District of Pennsylvania), and the Hon. Gloria M. Burns (Chief Judge, District of New Jersey). Michael applies valuable insights learned from working closely and directly with these members of the judiciary to his everyday practice.