Mind Your Ts and Cs
Recorded On: 05/15/2023
About the Webinar
A properly completed and executed credit application is crucial to a creditor’s decision to extend credit and its ability to collect a claim against a delinquent customer. The credit applications also allow a creditor to fully realize upon risk mitigation tools to support an increased credit line or increase recoveries from financially distressed customers (such as letters of credit, guaranties, purchase money security interests/consignments and credit insurance).
Joins this webinar to learn about the importance of including favorable, carefully crafted terms and conditions as part of a credit application and any other contract with the customer to enhance collectability of a claim and minimize liability, as well as the steps creditors should take to ensure their terms and conditions are enforceable and minimize the risk of a battle of the forms. Examples of key terms will also be provided along with a discussion of how those terms can be incorporated as part of the credit application and other contract with a customer.
About the Speakers
Bruce Nathan, Esq., Partner, Bankruptcy & Restructuring Department
With more than 35 years of experience in the bankruptcy and insolvency field, Bruce Nathan is a recognized leader nationwide in trade creditor rights and 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, which worked with the American Bankruptcy Institute's (ABI) Commission to Study the Reform of Chapter 11, participated in ABI's Great Debates at its 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 also has 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.
Andrew Behlmann, Esq., Partner, Bankruptcy & Restructuring Department
Andrew Behlmann leverages his background in corporate finance and management to approach restructuring problems, both in and out of court, from a practical, results-oriented perspective. With a focus on building consensus among multiple parties that have competing priorities, Andrew is equally at home both in and out of the courtroom. He has a track record of turning financial distress into positive business outcomes. Clients value his counsel in complex Chapter 11 cases, where he represents debtors, creditors' committees, purchasers and investors.
Andrew writes and speaks frequently about bankruptcy matters and financial issues. Before becoming a lawyer, he worked in senior financial management at a midsize, privately held company.
Michael Papandrea, Esq., Counsel, Bankruptcy & Restructuring Department
Michael Papandrea 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 the valuable insights learned from working closely and directly with these members of the judiciary to his everyday practice.
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