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The Doctrine of Deepening Insolvency and Its Impact on Lending - Webinar

  • ID: 4410006
  • Webinar
  • November 2017
  • Region: Global
  • 90 Minutes
  • Lorman Business Center, Inc.
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In recent years, bankruptcy trustees, receivers and other plaintiffs in asset recovery actions have aggressively pursued claims against directors and officers, as well as outside professionals of distressed and insolvent entities accountants, auditors, attorneys, lenders and advisors.

Until recently, deepening insolvency has proved to be a theory of recovery with some vigor. Deepening insolvency has been described as the fraudulent prolongation of a corporations life beyond insolvency, that results in damage to the corporation by increased debt. Recent decisions on deepening insolvency, whether asserted as a separate cause of action or as a theory of damages, indicate that the doctrine is eroding as an independent means of recovery. Nonetheless, secured creditors need to continue to be vigilant in avoiding the risk of a claim for lender liability, including claims that the secured creditor helped conceal the extent of financial difficulties, exerted undue control over the distressed debtor and customers and supported an unrealistic workout.

Learning Objectives
  • You will be able to discuss what the doctrine of deepening insolvency is.
  • You will be able to explain what the potential risks are to lenders and directors.
  • You will be able to identify what actions lenders may take to reduce the risks of liability.
  • You will be able to review if lenders have a claim against officers and directors for breach of fiduciary duty for deepening insolvency.
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What Is the Doctrine of Deepening Insolvency?

Is the Doctrine Dead in Light of Trenwick America and Other Recent Case Law?

What Are the Potential Risks to Lenders and Directors?

What Actions May Lenders Take to Reduce the Risks of Liability?

Do Lenders Have a Claim Against Officers and Directors for Breach of Fiduciary Duty for Deepening Insolvency?
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Lorraine S. McGowen - Orrick, Herrington & Sutcliffe LLP, Laura D. Metzger - Orrick, Herrington & Sutcliffe LLP
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This webinar is designed for attorneys, presidents, vice presidents, loan officers, loan department personnel, branch managers, credit and collection managers, risk managers, controllers, accountants and auditors.
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