LEGAL Symposium | March 23

The Legal Symposium is one of the best ways to make sure we keep up-to-date with recent legal changes affecting the credit world. This year’s Legal Symposium will be held in-person and virtually.

Sponsored by: The Bankruptcy and Creditors’ Rights Sections of the Commercial Law League of America

IN-PERSON NACM Connect Headquarters  |   VIRTUAL Zoom

8 AM — 5 PM CST (6 am – 3 pm PST; 9 am – 6 pm EST)

8:30 — 9:30 AM

Detecting Fraud in a Credit Application

Ted Hamilton, Esq., Wetherington Hamilton

Incidents of fraud have increased in recent years, and the information you are getting on your credit applications may be part of the trend. Learn what to watch for when reviewing your applications to determine if your request for credit is legitimate.

9:45 — 10:45 AM

How to Settle Collection Cases During a Pandemic

Howard Weber, Esq., Law Office of Howard B. Weber

Covid-19 has decimated jobs and businesses, causing an upsurge in delinquent account receivables. As difficult as payment has been for debtors, our creditor clients are also losing revenue through uncollectible debt. But through creative negotiations, collection professionals can try and maximize collections during these difficult times with the right mix of empathy, assessment and long-term planning. Learn how to successfully keep clients and increase collections by getting to the heart of the non­payment issues and providing a way out for the debtor.

11 AM — 12 PM

Creation, Legality and
Enforcement of Electronic Signatures

Wanda Borges, Esq., Borges & Associates, LLC
Lorna Walker, Esq., Sweet & Walker, P.C.

Despite the passage of the federal Electronic Signatures in Global and National Commerce (“ESIGN”) Act in 2000 and the creation of the Uniform Electronic Transactions Act (“UETA”) in 1999, not all states have adopted or follow these statutes. Some states have their own versions. For years, companies have been accepting documents by email or other electronic means, mistakenly believing those documents constituted “electronic signatures”. Since the onslaught of the coronavirus, business is being conducted electronically more than ever before. As companies create and adopt actual procedures for utilizing and accepting electronic signatures on credit applications, insertion orders and other documents, it becomes incumbent upon the credit executive to understand what does or does not create a binding electronic contract.

1 — 2 PM

Anatomy of a Fraudulent Transfer

Brian Jackiw and Thomas Fawkes, Tucker Ellis LLP

In this session Fawkes and Jackiw will provide an introduction to fraudulent transfer law, both state and federal, and walk participants through a typical fraudulent transfer defense from the filing of the complaint to trial. The speakers have practical experience in these matters and will share some tricks of the trade in helping credit professionals protect themselves proactively from this type of litigation.

2:15 — 3:15 PM

Out of the Abyss: Bankruptcy and Restructuring after
the Covid-19 Pandemic

Bruce S. Nathan and Andrew Behlmann; Lowenstein Sandler LLP

As the adverse effects of COVID-19 on the economy recede (hopefully), this session focuses on where bankruptcy and restructuring are heading in 2022 and the impact on credit professionals. The speakers will focus on the macroeconomic and policy factors that resulted in the fewest chapter 11 filings in more than 35 years, the recent and upcoming policy changes that threaten to drive a resurgence in chapter 11 filings, the industries most likely to be affected and where bankruptcy and restructurings are headed in the post-pandemic era. Trends that will be discussed include the acceleration of bankruptcy cases (prepackaged or pre-negotiated plans, sale cases and the increased frequency of structured dismissals of chapter 11 cases); the controversy surrounding non-debtor releases in light of the recent Purdue Pharma decision rejecting them; changes in bankruptcy court practice and creditors’ committee formation, small business bankruptcy trends, recent surge in preference litigations, and the increased frequency of alternative insolvency proceedings.

3:15 — 5 PM

 Reception and Networking