Webcast: Fraudulent Conveyance Exposure for Intercompany Loans and Guaranties
webcast
12 February 2013
Hosted By: Stafford
Intercorporate guaranties, such as upstream, downstream, and cross-stream guaranties, are commonly found in many financing deals. Enforcement of intercompany obligations presents risks that the guaranty may be avoided for lack of consideration or as a fraudulent conveyance if the guarantor files bankruptcy. In the event of bankruptcy, critical issues include whether the guarantor received "reasonably equivalent value" in exchange for the guaranty obligation and whether the guarantor was insolvent at the time the transaction occurred. NERA Special Consultant Dr. Kose John was invited to address these issues in a 90-minute CLE webcast on 12 February 2013. Dr. John and his co-panelists, Kyung S. Lee of Diamond McCarthy and Mark D. Bloom of Greenberg Traurig, provided bankruptcy counsel with a review of the legal and economic issues in preferential transfer and fraudulent conveyance avoidance actions for intercorporate guaranties. The panel outlined how lenders and corporate borrowers can best minimize risk and exposure.
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