Minding Your Ts and Cs: The Next Generation

This on-demand webinar is available for 14 days after purchase. 

The speakers will build on the first presentation, which highlighted the importance of a properly filled out credit application and creditor-friendly terms and conditions of sale. In this session, the speakers will discuss the challenges of getting customers to provide all of the information requested in a credit application and agree to all the creditor-friendly terms and conditions and then sign the application. The speakers will then discuss the adverse impact of an unsigned agreement on trade creditors. Among other things, the speakers will focus on the importance of creditor-friendly terms and conditions for trade creditors seeking to collect their claims and mitigate their risk of loss, the “battle of the forms” risk that ensues in the absence of a signed agreement containing creditor-friendly terms or when a customer attempts to provide superseding terms and conditions, and risks regarding the enforceability of creditor-friendly terms. The speakers will then discuss real life experiences over the enforceability of contract terms and efforts by buyers to add unfavorable terms that supersede the credit friendly terms sought by the creditor. The speakers encourage attendees to submit questions and real-life war stories from their own experience in advance of the program so the speakers can discuss them during the webinar (on an anonymous basis).

About the Speaker

Bruce Nathan, Partner, Lowenstein Sandler LLP

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.

Micheal Papandrea , Counsel, Lowenstein Sandler LLP

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.

Andrew Behlmann, Partner, Lowenstein Sandler LLP

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.