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Overview
To Buy or Not to Buy? Assessing Distressed Assets and Structuring Acquisition
Distressed assets present a unique acquisition opportunity for savvy buyers. Purchasing distressed property or debt is inherently financially risky, so your advice on identifying and valuing the potential purchases is invaluable. Mitigate the risks with guidance on how to uncover the true condition of the assets, weigh various purchase options, and pursue debt into bankruptcy. Register today!
- Learn to spot the telltale signs of asset stress.
- Determine the best purchase options in specific situations and structure the deals properly.
- Get practical tools for purchasing corporate debt.
- Master due diligence skills that'll save you a world of trouble.
- Get guidance on bankruptcy creditor claim drafting considerations.
This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Julie Globus.
Abbreviated Agenda
- Identifying Distressed Assets
- What Are the Purchase Options?
- The Nitty Gritty of Documentation - General Overview
- Bankruptcy Creditors' Claims - The Nuances of Drafting
- Corporate Debt - Have Your Seen the Credit Agreements?
- Due Diligence
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
6 Total | 10-22-2026 |
| Arkansas CLE |
|
6 Total | 06-30-2026 |
| Arizona CLE |
|
6 Total | 10-22-2026 |
| California CLE |
|
6 Total | 10-22-2026 |
| Colorado CLE |
|
7 Total | 12-31-2026 |
| Connecticut CLE |
|
6 Total | 10-22-2026 |
| Delaware CLE |
|
6 Total | 10-22-2026 |
| Florida CLE |
|
7 Total | 04-30-2026 |
| Hawaii CLE |
|
6 Total | 10-22-2026 |
| Idaho CLE |
|
6 Total | 10-22-2029 |
| Illinois CLE |
|
6 Total | 10-21-2026 |
| Maine CLE |
|
6 Total | 10-21-2026 |
| Minnesota CLE |
|
6 Total | 10-22-2026 |
| Missouri CLE |
|
6 Total | 10-22-2026 |
| Northern Mariana Islands CLE |
|
6 Total | 10-22-2026 |
| Montana CLE |
|
6 Total | 10-22-2027 |
| North Dakota CLE |
|
6 Total | 10-22-2027 |
| Nebraska CLE |
|
3 Total | 10-22-2026 |
| New Hampshire CLE |
|
6 Total | 10-22-2027 |
| New Mexico CLE |
|
6 Total | 10-22-2026 |
| Nevada CLE |
|
6 Total | 10-22-2027 |
| New York CLE |
|
7 Total | 10-22-2027 |
| Oklahoma CLE |
|
7 Total | 10-22-2026 |
| Oregon CLE |
|
6 Total | 10-22-2027 |
| Pennsylvania CLE |
|
6 Total | 10-22-2026 |
| Rhode Island CLE |
|
6 Total | |
| Tennessee CLE |
|
6 Total | 10-21-2026 |
| Vermont CLE |
|
6 Total | 10-22-2026 |
| Washington CLE |
|
6 Total | 10-21-2029 |
| Wisconsin CLE |
|
7 Total | 12-31-2025 |
| West Virginia CLE |
|
7.2 Total | 10-22-2026 |
Select Jurisdiction
CLE
Agenda
-
Identifying Distressed Assets
- What is a Distressed Asset? UCC Definition, Securities Related Definition, Protections, etc.
- Types of Asset "Stress:" Soft, Negotiated or Negotiable, Imminently Likely, Acute
- Telltale Signs and Symptoms: Market Conditions, Market Value, Liquidity, etc.
- What Types of Distressed Assets Can be Up for Grabs? Companies, Homes, Debt, Trade Claims, etc.
-
What Are the Purchase Options?
- Asset Purchase
- Obligations Purchases
- Debt Purchase
- Restructure
- Refinance - Equity Exchange
- Re-Packaged Bankruptcy
-
The Nitty Gritty of Documentation - General Overview
- Purchase Price and Valuation
- Representations and Warranties
- Carve-outs and Creative Drafting
- Retained Interest
- Further Assurances
- Governing Law
-
Bankruptcy Creditors' Claims - The Nuances of Drafting
- Understanding the Credit Agreements
- Secured vs. Unsecured, Priority vs. Non-Priority
- Bar Date - What it is and How Important it is
- Was Proof of Claim Filed?
- Allowed vs. Disallowed
- Order of Priority
- Disgorgement
- The Purchase Price and Payment Volley
- Drafting Nuances
-
Corporate Debt - Have Your Seen the Credit Agreements?
- Understanding the Credit Agreements
- Secured vs. Unsecured
- Bankruptcy Filing and Proofs of Claim
- Transferred Rights
- Retained Obligations
- Assignments - How Are They Facilitated?
- LSTA or Non-LSTA
- Restructure or Transfer
- True Sale vs. Non-True Sale
-
Due Diligence
- Loans and Lenders
- Finances
- Filing Dates - Where Applicable (Bar Date)
- Appropriate Filings
- Bankruptcy Specific
- Valuation
- Counterparty Credit Risk
- Asset Credit Risk
- Financing
- Liabilities
Who Should Attend
This legal guide is designed for attorneys. Accountants, business directors, collections professionals, and paralegals will also benefit.
Speakers
Speaker bio
Nauni J. Manty
is the principal of Manty & Associates, P.A., where she focuses her practice on commercial litigation and complex bankruptcy matters. Ms. Manty has represented creditors in all types of settings, including enforcing creditors' rights and remedies in state court, as well as in federal court. She has significant experience in bankruptcy law, representing debtors, creditors, and unsecured creditor committees. Ms. Manty's other areas of experience include creditor rights litigation, such as breach of contract, replevin, garnishment, and letter of creditor issues. She was appointed by the United States Trustee, Department of Justice to serve as a Chapter 7 panel trustee for the District of Minnesota. In her position as a Chapter 7 trustee, she oversees the administration of the Chapter 7 cases. Ms. Manty also has been appointed as a Chapter 11 trustee. She frequently lectures on bankruptcy law, collections and analysis of financial statements. She was named a Super Lawyer by Minnesota Law & Politics for several years. In addition, she was named one of the Top 50 Female Attorneys in Minnesota. Ms. Manty earned her B.A. degree from Concordia University and her J.D. degree, cum laude, from William Mitchell College of Law.
Speaker bio
William J. Amann
is a partner with Amann Burnett, PLLC, where he concentrates his practice in the areas of bankruptcy, creditors' rights, commercial litigation, and real estate and commercial litigation. Mr. Amann regularly represents national and regional creditors in bankruptcy courts and the state courts in Massachusetts and New Hampshire. He has recently been admitted to the Southern District Federal Court for New York, representing a Massachusetts business in a contract dispute. Prior to joining the firm, he served as legal counsel to a Chapter 7 bankruptcy trustee for the District of New Hampshire. In addition, Mr. Amann has considerable experience in the areas of commercial turnarounds, debt restructuring, equitable subordination, debt recharacterization, asset sales, title insurance, real estate conveyancing, land use, receiverships, premises liability, employment law, evictions and probate administration. He served on the Board of Directors for the City of Manchester's Public Library Literacy Fund for two years, starting in 2009. Mr. Amann is an editor for the American Bankruptcy Institute and an annual editor for the New Hampshire Bar Association's Supreme Court At-a-Glance article series. He regularly speaks before professional and trade groups on the topics of bankruptcy, creditors' rights and real estate. Prior to practicing law, Mr. Amann was employed by Fidelity Investments as a trade resolution specialist and by Ford Motor Credit Company as an account executive and branch legal liaison. He is a former police officer. Mr. Amann earned his B.A. degree from Saint Anselm College and his J.D. degree from Massachusetts School of Law.
Speaker bio
Leona Mogavero
is a shareholder at Zarwin Baum DeVito Kaplan Schaer, where she concentrates her practice in the area of creditors' rights and bankruptcy. Ms. Mogavero has experience representing financial institutions and other lenders in negotiation and documentation of commercial loan workouts and restructures. She also has experience in real estate transactional matters. Ms. Mogavero has supervised and instructed associate attorneys and paralegal assistants in the handling of commercial and residential mortgage foreclosures, and is a frequent speaker at seminars for financial professionals and attorneys regarding loan workouts, collections and bankruptcy. She is admitted to practice in the state of Pennsylvania, and before the Supreme Court of Pennsylvania, United States District Court for the Eastern District of Pennsylvania, and the United States Court of Appeals for the Third Circuit. Ms. Mogavero is a member of the Pennsylvania and Philadelphia bar associations. She is a Subchapter V bankruptcy trustee. Ms. Mogavero earned her B.A. degree, maxima cum laude, from LaSalle College; and her J.D. degree from the University of Pennsylvania Law School.
Speaker bio
Stanley C. Kottemann, Jr.
is the principal of the Kottemann Law Firm located in Kenner, Louisiana. Since 1985, he has focused his practice on commercial and consumer debt collection services. Mr. Kottemann is a member of the Association American Collector Association, the Louisiana and Jefferson Parish bar associations, and the State Bar of Texas. He earned his B.S. degree from Louisiana State University, his M.B.A. degree from the University of New Orleans, and his J.D. degree from Tulane University School of Law.
Speaker bio
Jon S. Robins
is a shareholder based in the Philadelphia office of global law firm Greenberg Traurig, LLP. He handles a broad range of commercial real estate and finance matters on both the national and local level. Those include, but are not exclusive to finance, equity investment, restructurings, purchases and sales, and real estate development activities for clients in the private equity fund, capital market, institutional lender, REIT, hedge fund, developer, owner/operator, corporate, investor space and tax related matters. For more than two decades, Mr. Robins has represented lenders and equity providers, including conduit lenders, banks, insurance companies, family offices, and private equity funds in diverse matters such as the formation of joint ventures; structuring and making preferred equity investments; the origination, purchase, sale, restructuring and enforcement of mortgage loans; mezzanine and construction loans; subordinate ("B") notes; participation and co-lender interests; and in structuring and negotiating inter-creditor, co-lender, and participation and servicing agreements. In complex and novel structures of mortgage and mezzanine loans, he often represents CMBS lenders and borrowers. Other significant representations include lenders and borrowers in deed-in-lieu and assignment-in-lieu transactions; acquisitions by ground lease, development, leasing, repositioning and disposition of hotels, restaurants, retail centers, multi-family properties, and office buildings on behalf of private equity funds, developers, and institutions; several UCC sales to realize on defaulted mezzanine loan collateral; experience with both acquirers and targets involving the real estate aspects of corporate M&A transactions; and capital providers in receivables financing, factoring and asset-based lending, and in the workout of such transactions. Additionally, Mr. Robins has wide-ranging experience with tenancy-in-common financing, as well as financing hospitality properties. In terms of purchase and sale of distressed debt, both buyers and sellers have engaged him, and he regularly advises clients on both strategy and tactics to resolve default situations and enforce remedies. Mr. Robins is a member of the Philadelphia Bar Association. He earned his B.A. degree from Colgate University and his J.D. degree from the University of Cincinnati, College of Law, where he was elected to the Order of the Coif. Mr. Robins is a frequent lecturer on structured equity and loan issues.
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