Bankruptcy-Proof Finance and Safe Harbor Agreements: Bypassing the Automatic Stay and Other Bankruptcy Restrictions 2021 | Strafford | 2 December 2021 | Webinar

This CLE webinar will guide bankruptcy counsel regarding the treatment of safe harbor agreements in bankruptcy, potential pitfalls related to safe harbor agreements, and how to avoid them.

Protected contracts allow a qualifying party to liquidate and close out a protected agreement with the debtor free from the automatic stay and certain other significant restrictions of the Bankruptcy Code.

A counterparty to a protected contract has more certainty in bankruptcy and a better grasp of what can be recovered and when. Counsel should understand the characteristics of repurchase facilities and other agreements.

Listen as our experienced panel of bankruptcy counsel discusses the requirements for meeting the repurchase agreement, securities contract, swap agreement, and master netting agreement safe harbors, including issues related to qualifying entities and qualifying assets. The webinar will also address recent cases involving safe harbors, including matters concerning safe harbor defenses and avoidance actions.

Benefits:
The panel will review these and other vital issues:

• What are the critical characteristics of "safe harbor" agreements?
• What kinds of entities and transactions are permitted in safe harbor transactions?
• How have the safe harbor provisions been expanded in recent years?

2021 Speakers

FACULTY:

Jason W. Harbour
Partner, Hunton Andrews Kurth

Monique J. Mulcare
Counsel, Mayer Brown

ADVISORY BOARD:

James T. Bentley
Partner, Winston & Strawn

Mark N. Berman
Adjunct Professor, Northeastern University School of Law

Michael E. Foreman
Managing Director, Borrelli Walsh

Matthew Gensburg
Senior Counsel, Gensburg Calandriello & Kanter

Brian E. Greer
Partner, Dechert

Douglas Lipke
Shareholder, Vedder Price

Victor Milione
Partner, Nixon Peabody

Shane G. Ramsey
Partner and Vice Chair, Bankruptcy & Financial Restructuring Practice Group, Nelson Mullins

Steven B. Smith
Counsel, Herrick

Michael Solow
Partner, Arnold & Porter