IMN's West Coast Bank & Financial Institutions Forum on Special Assets & Real Estate Workouts

Tuesday, September 9

2:50 pm Show Me the $$... Bankruptcy and Foreclosed Asset Collections, Enforcement, Litigation & Sale

Michael S. Greger will speak on this panel, which will discuss:

• Pre-judgment: What you need to do?
• Post-judgments: What are your first steps?
• Extraordinary writs
• Use of receivers pre- and post-judgment and in sales
• Attorney’s fees and costs incurred during discovery, litigation and collection: How much? Can they be recovered? Is it worth chasing down the debtor?
• Statutory provisions which may facilitate recovery of fees and costs
• Delinquent tax liens
• Issues that arise when in court
• Deficiencies
• Shielded and hidden assets
• Guarantor policy: Strategies for spouses, insurance companies etc.
• Foreign debtors
• Using a 3rd-party collection agency
• Use of investigators
• State laws to be concerned with
• Complications arising due to death of a guarantor
• Selling judgments… How much can you get?
• Speeding up the process… Is arbitration a viable option?
• Role of senior management in determining if a case should be pursued
• Litigation and loss share
• Recent court stuff you need to know
• Caps and prohibitions on secured creditor’s credit bid in 363 sales
• New equity in chapter 11
• Plan of liquidation
• Intercreditor agreements and other CMBS issues
• Article 9 issues
• 363 vs. DPO: Which way to go?
• When can you credit bid?
• Latest from the courts

Wednesday, September 10

10:30 am Foreclosures, Deeds-in-Lieu, Discounted Payoffs & Sales to the Borrower

William W. Huckins will speak on this panel, which will discuss:

• When do you put a property into foreclosure? • Issues surrounding the legal right to enforce • Can the lack of standing be cured once the foreclosure suit has begun? • Advantages and disadvantages of a deed-in-lieu • Junior liens • When do you act on a deed-in-lieu? • Income generating vs. non-income generating properties • Cooperative vs. noncooperative borrowers • Note vs. short sale • Jurisdictional issues • What kind of analytics are you examining that might impact this decision?