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Session Description
Because bankruptcy attorneys are being asked to find non-bankruptcy solutions more and more, to avoid the expense of full-blown bankruptcy, I would love to develop competencies in areas just adjacent to our normal practice area.

Article 9 sales are one area that are so close. I would love to know more.
Learning Outcomes
From understanding the goals of private equity/private finance to understanding the nuts and bolts of service requirements, potential litigation tactics that may come in to play after the fact with creditors, to traps for the unwary, I think there is a lot to cover here.
Target Audience
Business
First Name
Jennifer
Last Name
McLemore
Email
jmclemore@williamsmullen.com
Firm
Williams Mullen
Session Description
The session will review the big deals in distressed investing in 2024 and make some predictions about 2025.
I would envision 3 speakers addressing small, medium and large sized transactions. The panelists would include claims trader, real estate investor, and hard asset (private equity) investor. The moderator could be an attorney that services these constituencies.
Learning Outcomes
The distressed investing world provides a significant amount of work for the legal community. I was instrumental in putting together a program for TMA NY that focused on the Private Credit Market which sold out.
Target Audience
Debtor
First Name
Joseph
Last Name
Sarachek
Email
joe@saracheklawfirm.com
Firm
Sarachek Law Firm
Session Description
Lenders face a fundamental problem in life: the math, from the onset, favors the borrower. This is nowhere better displayed than in real estate transactions, where most debt is non-recourse and secured at the property level. Much legal work in a real estate transaction can be viewed as an effort to make up for and possibly invert the inherent disadvantages of the lender. This session aims to provide an intuitive, practical understanding of the role of option theory in structuring and valuing the positions of borrowers and lenders.
Learning Outcomes
Be able to look at any situation and better assess the value of embedded optionality. See value or costs where you didn't see them before. Capture more value for your clients. Be able to draw option diagrams on cocktail napkins at networking events.
Target Audience
Debtor
Suggested Speakers
Israel
Shaked
ishaked@michel-shaked.com
First Name
Ken
Last Name
Miller
Email
kmiller@advisorsguardian.com
Firm
Guardian Advisors
Session Description
Debtor estates and other distressed stakeholders can monetize formerly contaminated parcels which have no higher or better use than solar by leasing or selling those assets to specialized brownfields-to-solar developers. These niche developers can buy suitable parcels outright or offer twenty-year leases which can be transferred with the property. The Inflation Reduction Act and renewable energy-friendly states provide significant financial incentives which allow for generous lease rates. Bankruptcy trustees, debtor estates, creditors and other stakeholders have begun exploring this monetization strategy, which can be accomplished out of court, as long as the assets are at least partially remediated.
Learning Outcomes
What is the brownfields solar financial model, whether through lease or acquisition, and how much revenue would it generate in a sample project?
What types of real estate assets are suitable for solar siting (and no other, higher/better uses)?
What geographical locations/states provide the best financial incentives (tax incentives, rec programs, high power rates) to generate the highest lease rate or purchase price for a trustee, debtor estate or other stakeholder?
What are the relevant provisions of the Inflation Reduction Act?
What are some of the relevant provisions in states with favorable policies?
How can a trustee, debtor estate or other stakeholder mitigate the environmental risk associated with brownfields solar projects?
How can public sector creditors properly dispose of or monetize through lease brownfield properties where the property owner is missing or refuses to appear in court proceedings?
Can environmental liabilities be discharged under section 363 of the Bankruptcy Code? Is that necessary in the context of developing solar on brownfields?
Target Audience
Debtor
Suggested Speakers
Christy
Searl
christy@acpowerllc.com
First Name
Christy
Last Name
Searl
Email
christy@acpowerllc.com
Firm
AC Power LLC

Rate Cuts May Offer a Lifeline for Highly Indebted Companies

Submitted by ckanon@abi.org on

Companies weighed down with too much debt may be able to avoid bankruptcy in 2024, thanks to an easing in monetary policy the Federal Reserve is expected to unroll in coming months, the Wall Street Journal reported. Companies in the U.S. borrowed some $1.7 trillion after the Fed cut interest rates to near zero in 2020. But after rates rose quickly in 2022 and continued rising in 2023, several large companies weren’t able to borrow more and ran out of cash, forcing many of them to file for bankruptcy, including home-goods retailer Bed Bath & Beyond and co-working space provider WeWork. Even though highly indebted companies have billions more in debt coming due in 2024, they may be able to avoid filing for bankruptcy. Markets now expect the Fed will cut rates in the new year, spurring companies to refinance their old debts and sidestep a long-awaited financial reckoning with the pandemic-era debt spree. Since Fed Chair Jerome Powell said in mid-December that high interest rates could cause unnecessary harm to the economy, some investors on Wall Street have priced in three rate cuts for 2024. Those expectations have already made it easier for companies to borrow. In the debt markets, the average cost for a highly indebted company to borrow has dropped, falling to the cost of a U.S. Treasury bond plus 3.4%, the lowest premium to borrow since early 2022, according to Fed data. (Subscription required.)

Senators Warn of Hidden Dangers Lurking in Private Credit Boom

Submitted by jhartgen@abi.org on

The rapid rise of private credit may pose unforeseen threats to the U.S. banking system, according to two senior Democratic senators, Bloomberg News reported. Sherrod Brown, who chairs the Banking Committee, and Jack Reed, who also sits on the panel, yesterday asked U.S. regulators to do more to assess the potential dangers. The lawmakers also requested details on what the Federal Reserve, Federal Deposit Insurance Corp. and the Office of Comptroller of the Currency were doing to address the issue. “Unlike the traditional banking industry, the private credit market is subject to minimal, indirect regulatory oversight,” the senators wrote in a letter to the Fed’s Michael Barr, FDIC Chairman Martin Gruenberg and Acting Comptroller Michael Hsu. “The lack of transparency in this market obscures its true size and risk.” The senators emphasized risks posed by the growing ties between the traditional banking market and private funds. They warned that it could “pose hidden dangers to the banking system, especially as most of the private credit market has not endured a full economic cycle with elevated default rates.”