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Workouts & Enforcement for the Secured Creditor & Equipment Lessor

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Print Book :Softbound
ISBN: 9781632816108
Published: October 24, 2014
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Workouts and Enforcement for the Secured Creditor and Equipment Lessor (2015 Edition), by Frank Peretore, is a step-by-step guide, filled with practical forms, for attorneys to represent secured creditors and equipment lessors from the workout through the litigation and bankruptcy processes. It is a comprehensive treatise for the zealous yet efficient enforcement of secured creditor and equipment lessor rights--including strategies, applicable law, citations, and forms for maximizing the opportunities of a workout, swiftly securing collateral and avoiding litigation and bankruptcy pitfalls. The 2015 Edition updates and enhances the prior edition by incorporating current case law and statutory revisions, including the 2010 Amendment to Article 9. This edition further incorporates new chapter sections, strategies and/or forms in connection with all asset liens, avoiding preference and fraudulent conveyance claims in workouts, foreclosing Article 9 liens, enforcing judgments, prosecuting fraudulent conveyance claims, and many aspects of bankruptcy practice such as strategies and issues in preparing and filing Proofs of Claim, prosecuting nondischarge and nondischargeability claims, conducting discovery in bankruptcy, valuing collateral for motions for relief from the automatic stay, objecting to 363 sales of collateral, defending against avoidance claims and 506(c) claims, and electing section 1111(b) in Chapter 11 reorganization cases.

•   Comprehensive coverage of the key provisions and strategies for any workout agreement, including the pitfalls to avoid, and extensive sample workout agreements and other forms
•   User-friendly format enables the practitioner to quickly locate the law, strategies, and forms for each key stage of the workout or litigation
•   Extensive bankruptcy analysis, in compliance with Article 2A, Revised Article 9 and The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
•   Enables attorneys to expertly protect and enforce creditors' and lessors' rights, maximize recoveries and minimize mistakes and lost opportunities
•   Enables attorneys to expertly represent creditors and lessors
•  Enables bank and leasing company workout and litigation specialists to expertly manage accounts and better supervise outside counsel

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Table of Contents

Chapter One - Preworkout and Suit Considerations

Chapter Two - Negotiations: Workout Agreements

Chapter Three - Prejudgment Remedies When Settlement or a Workout Is Not Available and Litigation Is Necessary

Chapter Four - Litigation Strategy and Tactics

Chapter Five - Winning Summary Judgment

Chapter Six - Practical Approaches to Collection and Common Problems

Chapter Seven - Bankruptcy: Automatic Stay and Initial Proceedings

Chapter Eight - Treatment of Equipment Leases and Secured Transactions Under the Bankruptcy Code

Chapter Nine - Adversary Proceedings

Chapter Ten - Postpetition Claims, Defenses and Discovery

Chapter Eleven - Objecting to Disclosure Statements and Plans