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Demystifying the Acquisition of Distressed Businesses and Assets (CA)
Audio program! (check our CLE Programs page for live versions)
Investments, sales of distressed assets, court workouts, bankruptcy. They’re complicated legal quagmires.
Corporate bankruptcy trends show an increase in sales of substantially all of the assets of the estate, not traditional reorganization plans.
This program is for corporate counsel, real estate counsel, hedge fund managers and bankruptcy counsel, and attorneys new to this area of law. You will learn the process of purchasing distressed assets (both real and personal) in and out of court workouts and bankruptcy proceedings.
This program was recorded in 2013.
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What You Will Learn
- Understanding The Investment Opportunity
- Buying assets and goodwill for substantial discounts
- Acquiring market share inexpensively
- Obtaining premium yields on loan positions that have low risk
- Acquiring an investment with known history that can be turned around
- Identifying Where To Buy/Loan/Invest
- The bankruptcy universe
- Chapter 11
- Chapter 7
- The non-bankruptcy universe
- Tax sales
- Opportunities outside the State and Federal liquidation systems
- The critical price differentials between larger opportunities and smaller opportunities
- The bankruptcy universe
- Understanding How To Invest In Distressed Businesses
- Secured lending structures
- Straight debt transactions
- Letter of credit support transactions
- Debt transactions with equity participations
- Debt transactions with the above and board control
- Acquiring control by acquiring existing secured debt positions
- Sub-debt structures
- Equity structures
- Secured lending structures
- Avoiding Risk and Maximizing Returns Through Protective Deal Structures
- The Section 363(f) sale in bankruptcy
- The friendly foreclosure outside of bankruptcy
- The receivership sale
- Avoiding successor liability problems
Kavita Gupta, Esq.
Gupta | Ferrer LLP
Kavita Gupta’s practice focuses on representing a variety of debtors and creditors in all phases of complex distressed financial situations including out of court workouts and Chapter 11 cases. She has experience in large-scale restructurings and insolvencies and has advised clients in distressed situations across a variety of industries including retail, hospitality, real estate, manufacturing, finance and non-profit organizations. Ms. Gupta has also been appointed as a Chapter 11 Trustee by the Office of the United States Trustee.
Ms. Gupta frequently writes and lectures on a variety of bankruptcy issues. Her most recent publications are "Chasing the Money: Pursuing a Debtor’s Shareholders under Alter-Ego Liability Theory," XXXI ABI Journal No. 11, 14, 74-75 (December/January 2013) and "Confirmation Issues Facing a Nonprofit Debtor," XXXI ABI Journal No. 3, 32, 111-112 (April 2012).
Ms. Gupta is a graduate of University of Southern California Gould School of Law.
Benedict Kwon, Esq.
Stradling Yocca Carlson & Rauth
Benedict Kwon is a shareholder at Stradling Yocca Carlson & Rauth, specializing in taxation. Mr. Kwon has represented investment funds with respect to investments in distressed debt. In addition, Mr. Kwon has represented bank holding companies with respect to contested tax refunds where the operating bank was under FDIC receivership. Finally, Mr. Kwon has represented real estate funds with respect to investments in distressed real estate.
Mr. Kwon is a graduate of Northwestern University School of Law and is a certified public accountant.
Sean A. O’Keefe, Esq.
Mr. O’Keefe graduated from Dartmouth College and obtained his law degree from Fordham University School of Law. He is licensed to practice law in California (1986) and New York (1984). Mr. O’Keefe has been accorded the highest peer review rating by Martindale Hubbell (AV), and he has been awarded the Super Lawyers designation (Super Lawyers Magazine) in the areas of Bankruptcy & Creditor/Debtor Rights for calendar years 2010, 2011 and 2012.
Mr. O’Keefe is a past Chairman of the Commercial Law and Bankruptcy Section of the Orange County Bar Association and he has written and spoken on bankruptcy and insolvency matters for over twenty years.
Articles: “Adequate Protection After United Savings v. Timbers of Inwood Forest,” 16 Cal. Bankr. J. 8 (1988); “Post-Petition Perfection of Assignment of Rent Clauses Under 11 U.S.C. §546(b): A Creative Illusion,” 17 Cal. Bankr. J. 123 (1989); “Using Federal Guns and Badges To Marshal Estate Assets”, 32 Cal. Bankr. J. vol. 1, Elmer Dean Martin, III and Sean A. O’Keefe.
Panels: 1990 Annual Conference of the California Bankruptcy Forum, “Converting Rents, Rates and Revenues Into Cash Collateral: New Challenges to an Old Alchemy”: Orange County Bankruptcy Forum, “What Price Justice: Is There an Exception to The Absolute Priority Rule?” February, 1993; National Business Institute, “How to Protect Secured Interests in Bankruptcy in California,” August, 1993; Orange County Bar Association, “Bankruptcy Issues Arising From Securitized Loans,” February, 2002; Orange County Bar Association, “Nondischargeability Litigation: Selected Issues,” May, 2002: and “Recovering The Loot: Pursuing and Defending Fraud and Other Claims Against Insiders, Investors, and Aiders & Abettors In Bankruptcy Cases”, April, 2009; “Failing Lenders: Dueling Bankruptcy Cases, Bank Holding Company Debtors, and Other Key Issues”, American Bankruptcy Institute, Battleground West 2012.
Mr. O’Keefe has over twenty-five years of practice experience in the areas of bankruptcy, insolvency and in related litigation matters, representing debtors, creditors and other parties. He is employed by O’Keefe & Associates Law Corporation, P.C., and he is also affiliated with several other law firms in an Of Counsel capacity.
Mr. O’Keefe is also a novelist. His first novel, Helius Legacy, was published in February of 2012.
Audio Course and Materials Package – CD or Download: $169
CD: plus $7.50 shipping and, in CA, sales tax.
CA General: This program is approved for 2.0 units of general CLE in California.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.