updated: February 24, 2010
Boston Bar Association        
   

Commercial Finance Transactions and Bankruptcy Avoidance Actions:
Will LBO Challenges Continue?

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Wednesday, March 24, 2010
4:00 p.m. – 7:00 p.m.

Sponsored by: The Commercial Finance Committee, a joint committee of the Business Law and Bankruptcy Law Sections

Can financial transactions such as leveraged buyouts be unwound in a subsequent bankruptcy filing?  In the late 1980’s and early 90’s after the debut of highly leveraged buyout transactions many of the target companies filed for bankruptcy.  In proceedings like Wieboldt Stores, Tabor Court and O’Day, unhappy creditors successfully brought claims attacking completed leveraged deals primarily on fraudulent conveyance grounds.  Today, after another cycle of robust leverage buyout transactions, creditors in TOUSA, Lyondell and Tribune Co., have once again challenged these transactions on similar theories.

This panel will examine the significant historical cases, changes to applicable laws since Wieboldt, and emerging developments with an eye toward helping the commercial finance professional gain a greater understanding of the implications of particular deal structures, the theories behind various potential creditor attacks, and various approaches to mitigate risk.

  1. Overview
  2. Deal Structures Before Wieboldt
  3. Historical Precedent:
    1. Wieboldt Stores
    2. Tabor Court
    3. O’Day
  4. Deal Structures After Wieboldt
  5. Legal Developments after Wieboldt
    1. Section 546(e)
    2. QSI Holdings Inc.
    3. Boyer v. Crown Stock Distributing, Inc.
  6. Latest Challenges:
    1. TOUSA
    2. Lyondell
    3. Tribune Co.
  7. Risk Management 
  8. Q&A

Panelists:

Victor G.  Milione, Esq.
Nixon Peabody LLP

Stephen Darr
Mesirow Financial Holdings, Inc.

Lee Harrington, Esq.
Nixon Peabody LLP

Greg Clark
RBS Citizens Bank

 


 


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