Bankruptcy-Proof Finance and Safe Harbor Agreements: Bypassing the Automatic Stay and Other Bankruptcy Restrictions

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.