Pre-Petition Chapter 11 Planning from Debtor, Trade Creditor, and Secured Lender Viewpoints (On Demand Seminar)

MCLE Credits: 1.0
Ethics Credits Included: 0.0

MCLE Credit: 1.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Designation Credit: 1.0 Bankruptcy Practice (Designations Information)
Price: $79 (Includes a downloadable audio version.)
Viewable Through: 09/30/2022


The panel will discuss issues to identify and steps to undertake to prepare for a Chapter 11 filing.  The speakers will discuss these issues from the perspectives of the debtor, trade creditor, and secured lender in the expected filing. 

Topics Covered Include:

  • Pre-Petition Pitfalls for a Debtor
    • Lending Strategies
    • General Types of DIP Financing
    • Adequate Protection for a Priming DIP Loan
    • Prepetition Intercreditor Agreements
    • DIP Financing Motions Nuts & Bolts 
  • Pre-Petition Pitfalls for a Trade Creditor/Vendor
    • Preference Exposure
    • Fraudulent Transfer Exposure
    • Executory Contracts
    • Security Deposits and Setoff Rights
  • Pre-Petition Pitfalls for a Secured Creditor
    • Before Meetings with the Borrower, Scrub the File and Find Holes
    • Is Avoiding Bankruptcy an Option?
    • When Bankruptcy is Inevitable
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Peter J. Barrett, Esq., Kutak Rock LLP / Richmond

Peter J. Barrett, a partner in Kutak Rock’s Richmond, Virginia office, concentrates his practice on financial restructuring matters. Mr. Barrett represents unsecured and secured creditors, trustees, equity holders, distressed investors and corporate debtors in insolvency matters, including Chapter 11 reorganizations, business liquidations and out-of-court restructurings.  He has significant experience representing interested parties in asset sales conducted under the Bankruptcy Code. He has been involved in a number of complex Chapter 11 bankruptcy cases throughout the country involving industries such as manufacturing, hospitality, construction, retail, entertainment and real estate. He also works with other firm attorneys to analyze the effects of insolvency and bankruptcy on corporate and financial transactions.  Mr. Barrett also serves as a member of the panel of Chapter 7 bankruptcy trustees for the Eastern District of Virginia, Richmond Division and was appointed to serve as a subchapter V trustee. He is licensed to practice in Virginia and California and is a graduate of the University of Virginia School of Law.

Michael D. Mueller, Esq., Williams Mullen / Richmond

Michael Mueller is chair of the Bankruptcy & Creditors’ Rights Practice at Williams Mullen. He focuses his practice on financial restructuring matters, insolvency law and distressed transactions. Michael represents all types of creditors in commercial collection matters and insolvency proceedings, including bankruptcy, receiverships and assignments for the benefit of creditors. He represents lending institutions, secured creditors, creditors’ committees, trustees, receivers, landlords and asset and debt purchasers.

Michael has assisted financial institutions by structuring and implementing in-court and out-of court debt restructuring. Michael has extensive bankruptcy experience in claims prosecution, debtor-in-possession financing, dischargeability of debts, executory contracts and leases, fraudulent conveyances, involuntary petitions, officers’ and directors’ liability, plan confirmation and preference actions. He also has experience in lender liability and UCC matters in state and federal courts.

Michael’s experience has spanned numerous industries, including retail, food and beverage, equipment manufacturing, real estate, energy, coal, car dealerships and more.

Michael’s bankruptcy law work has been recognized by several publications, including Chambers USA for Bankruptcy/Restructuring (2020), Virginia Super Lawyers for Bankruptcy Law (2010-present) and Virginia Business as a member of their “Legal Elite” for Bankruptcy/Creditors’ Rights (2005-present).

Michael previously served on the board of governors for the Virginia State Bar’s Bankruptcy Law Section. He is a former chair of the Richmond Bar Association’s Bankruptcy Section and the Virginia Bar Association’s Bankruptcy Law Section. He also is a former board member and president of the Virginia Business and Financial Turnaround Association.

Before entering private practice, Michael served as a clerk for the Hon. Ross W. Krumm, the former U.S. Bankruptcy Court Chief Judge in the Western District of Virginia.

He earned his Juris Doctor degree from the Washington & Lee University School of Law. He earned his Bachelor of Science degree, magna cum laude, from Edgewood College and a G.C.S. from the London School of Economics and Political Science.

Robert S. Westermann, Esq., Hirschler / Richmond

Robert S. (Robbie) Westermann is Co-Chair of Hirschler Fleischer’s Bankruptcy, Restructuring, and Creditor’s Rights Practice Group, and practices in the firm’s office in Richmond, Virginia. His practice focuses on bankruptcy law and creditors' and debtors' rights, and in the bankruptcy and restructuring arenas Robbie has represented virtually all interested parties in Chapter 7 and Chapter 11 cases across a broad spectrum of industries throughout the country, including debtors, panel trustees, liquidating trustees, creditors' committees, plan administrators, secured lenders and creditors, trade vendors and suppliers, asset purchasers, directors and officers, and landlords. This broad experience provides his clients involved in complex Chapter 11 and Chapter 7 cases with a unique insight into the issues facing competing stakeholders in these cases.  Robbie has been named a “Leader in the Field” in Bankruptcy/Restructuring, Virginia, by Chambers USA: America’s Leading Lawyers for Business since 2015, and has also been recognized by Super Lawyers, Best Lawyers, and Virginia Business’s Legal Elite. A frequent author and speaker regionally and nationally, Robbie has served in leadership roles in the Bankruptcy Sections of the Virginia State Bar, the Virginia Bar Association, and the Richmond Bar Association.  Robbie supports the Central Virginia community through his Board of Directors service for the nonprofit ASK Childhood Cancer Foundation, and is a past President of the Legal Information Network for Cancer (LINC) Board of Directors. He earned his undergraduate degree from the University of Virginia and his law degree from Washington and Lee University School of Law.

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