About the webinar:
Although credit professionals primarily focus on customer credit
risk, they are also now turning increased attention toward address
supplier credit risk. In this program, the speakers will first discuss
the early warning signs that a customer or supplier is approaching (or
in) financial distress and the sources of information to help identify
and assess those warning signs. The speakers will then focus on the need
for trade creditors to review their existing contracts with customers
and suppliers—before distress happens—and address any issues that could
result in the loss of protections provided by their agreements and
otherwise impact creditors in the event of a customer’s or supplier’s
bankruptcy. The speakers will then highlight the available tools that,
if properly used, can help credit professionals mitigate the risk of
loss in bankruptcy, such as letters of credit, guarantees, performance
bonds, materialman's liens and construction/builders trust funds,
consignment arrangements, purchase money security interests, setoff and
recoupment rights, credit insurance, receivable put options, and standby
commitments. Finally, the speakers will discuss the benefits of
enforcing Uniform Commercial Code remedies, such as stoppage of delivery
and adequate assurance rights.
About the speakers:
Bruce Nathan, Partner, Lowenstein Sandler LLP
With more than 35 years of experience in the bankruptcy and
insolvency field, Bruce Nathan is a recognized leader nationwide in
trade creditor rights and representation of trade creditors in
bankruptcy and other legal matters. He has represented trade and other
unsecured creditors, unsecured creditors' committees, secured creditors,
and other interested parties in many of the larger Chapter 11 cases
that have been filed. Bruce also handles letters of credit, guarantees,
security, consignment, bailment, tolling, and other agreements and legal
credit issues for the credit departments of institutional clients.
Among his various legal recognitions, Bruce received the Top Hat
Award in 2011, a prestigious annual award honoring extraordinary
executives and professionals in the credit industry. He was co-chair of
the Avoiding Powers Committee, which worked with the American Bankruptcy
Institute's (ABI) Commission to Study the Reform of Chapter 11,
participated in ABI's Great Debates at its 2010 Annual Spring
Meeting—arguing against repeal of the special BAPCPA protections for
goods providers and commercial lessors—and was a panelist for a session
sponsored by ABI. He is a frequent presenter at industry conferences
throughout the country, as well as a prolific author regarding
bankruptcy and creditors' rights topics in various legal and trade
publications. Bruce is a co-author of Trade Creditor Remedies Manual:
Trade Creditors' Rights under the UCC and the U.S Bankruptcy Code,
published by ABI at the end of 2011. He also has contributed to ABI
Journal and is a former member of ABI's Board of Directors and former
co-chair of ABI's Unsecured Trade Creditors Committee.
Michael Papandrea, Counsel, Lowenstein Sandler LLP
Michael Papandrea provides counsel to debtors, creditors’ committees,
individual creditors, liquidating trustees and other interested parties
with respect to corporate bankruptcy and creditors’ rights matters,
including bankruptcy-related litigation.
Reliable and efficient, Michael is appreciated for his innate ability
to effectively apply and communicate his understanding of the law and
general business principles with respect to complex issues, both while
providing advice to clients and while aggressively advocating on their
behalf. Michael works tirelessly to understand clients’ needs and
provide practical solutions that are reasonable, balanced, and favorable
to the clients he serves.
Michael takes pride in his commitment to the community and provides
pro bono representation to individuals and a nonprofit organization
regarding bankruptcy and foreclosure-related matters.
Prior to joining the firm, Michael held multiple clerkships in the
U.S. Bankruptcy Court; he clerked for the Hon. Jerrold N. Poslusny, Jr.
(District of New Jersey), the Hon. Ashely M. Chan (Eastern District of
Pennsylvania) and the Hon. Gloria M. Burns (Chief Judge, District of New
Jersey). Michael applies the valuable insights learned from working
closely and directly with these members of the judiciary to his everyday
practice.
Andrew Behlmann, Partner, Lowenstein Sandler LLP
Andrew Behlmann leverages his background in corporate finance and
management to approach restructuring problems, both in and out of court,
from a practical, results-oriented perspective. With a focus on
building consensus among multiple parties that have competing
priorities, Andrew is equally at home both in and out of the courtroom.
He has a track record of turning financial distress into positive
business outcomes. Clients value his counsel in complex Chapter 11
cases, where he represents debtors, creditors' committees, purchasers
and investors.
Andrew writes and speaks frequently about bankruptcy matters and
financial issues. Before becoming a lawyer, he worked in senior
financial management at a midsize, privately held company.