Assessing and Avoiding Lender Liability Claims: Don't Let Borrowers or Guarantors Turn the Tables

• Overview
• Agenda
• Faculty
• Credits

Benefits

Continued economic uncertainty and unrest in the credit markets has resulted in a dramatic increase in loan defaults and corporate bankruptcy filings. These events have precipitated a resurgence of lender liability claims as borrowers, guarantors and bankruptcy trustees have become more aggressive in asserting such claims in an effort to increase their leverage in workout negotiations and to augment the recovery of unsecured creditors in bankruptcy cases. In this difficult environment, lenders and their counsel need to pay close attention to the legal and practical implications of lender liability claims and be able to distinguish those claims that present real legal and economic risk from those that are simply negotiating ploys. This teleconference will analyze the most common lender liability claims and explore emerging theories of liability, including deepening insolvency and the recent resurgence in the use of civil RICO. Equally important, the teleconference will offer concrete, practical steps for avoiding lender liability claims. The teleconference will help you improve your ability to spot potential lender liability risks; assess claims asserted by borrowers, guarantors and bankruptcy trustees; and avoid lender liability claims, thereby avoiding unnecessary litigation and maximizing the lender's recovery in a challenging legal and economic environment.