Commercial Loan Defaults and Workouts

In the current economic environment commercial loan defaults are expected to accelerate. When a default exists your bank may agree to a renewal, extension or significant modification to the loan as the solution. This program will cover guidelines for the Bank in a workout situation, including the documentation to consider before, during and after negotiations take place with borrowers and guarantors. Assessing lien positions and likely recoveries in bankruptcy and in the absence of a workout will also be discussed. Practical information for daily use will be provided.

Covered Topics

  • Defaults Prior to and at Maturity
  • Acceleration of Debt
  • Guidelines for Workout Negotiations
  • Workout Due Diligence Checklist
  • Assessing Your Lien Position and Likely Recovery Absent a Workout
  • Subordination and Intercreditor Agreements
  • Lender Liability Issues
  • Temporary Waivers and Amendments
  • Documenting Renewals, Modification and Extensions
  • Pre-Workout Agreements
  • Workout Agreements, Loan Restructuring Agreements and Forbearance Agreements
  • Effect of Section 4013 of the Stimulus Package on Loan Modifications
  • Tax Issues and COD Income
  • The Basic Business Bankruptcy Framework: Chapter 7 and Chapter 11
  • The Small Business Reorganization Act of 2019 and New Temporary Increased Debt Limits

Who Should Attend?

This program is designed for all commercial lenders, collections and problem loan personnel and their support staff.