The recent turmoil in the financial sector of the economy has resulted in warranted increased activity in the areas of bankruptcy, restructuring and receivership—issues with which your business may be plagued at this very moment. Our team advises clients on:
- Dealing with the implications of an FDIC receivership from a banking institution's perspective and a purchaser’s perspective
- Creating plans for dealing with collections from insolvent (or almost insolvent) vendors, including providing protection against bankruptcy preference powers and evaluating the risk of inventories shipped to distressed retailers
- Protecting themselves, their insureds, and their collateral when conducting business with troubled insurers, particularly insurance companies that have been downgraded or those which have entered into state insurance receivership
- Taking advantage of the “safe harbor” provisions of the Bankruptcy Code (particularly for clients with derivatives contracts)
- Considering the statutory limitations and net worth exceptions that can impact a company’s recovery from state guaranty funds if the company’s insurer fails
—all while delivering the profound expertise you need and expect.
