Structuring Special Purpose Entities: Separateness, Bankruptcy Remoteness, and True Sales
Herrick Restructuring and Finance Litigation co-chair Stephen B. Selbst, along with partner Steven B. Smith, will be presenting at an upcoming Strafford Live Webinar titled "Structuring Special Purpose Entities: Separateness, Bankruptcy Remoteness, and True Sales."
This CLE webinar will prepare bankruptcy and finance counsel to structure SPEs to achieve bankruptcy remoteness and avoid substantive consolidation, as well as to keep assets that are the subject of a loan or other financing isolated. The panel will discuss lessons from recent bankruptcy cases involving SPEs, including the debate on the validity of bankruptcy blocking restrictions.
Other discussion topics will include:
- What factors are relevant in determining whether the transfer of assets to the SPE will be considered a true sale?
- How should the SPE be structured to maximize bankruptcy remoteness?
- What will courts consider in deciding whether substantive consolidation of the SPE and the transferor is warranted in a subsequent bankruptcy of the transferor?