Navigating Borrower Defaults, Workouts and Enforcement Actions

Lenders should always be prepared to navigate loans that don’t perform as expected when the loan was made.  The best time to do that is before an issue emerges. In light of the current economic environment, it is time to dust-off those workout and restructuring plans and checklists.  Accordingly, we invite you to join Shipman’s workout and restructuring team on Wednesday, March 8th at 12 pm to prepare you for the inevitable loan default.  Our team will provide practical guidance and advice on what to do from the moment an issue emerges, through the workout of that issue, restructure of the loan or potentially the enforcement of remedies in court.  Below is a summary of the topics that we will cover.  Also, mark your calendars for April 11, 2023, where our team will present on advanced workout topics for those who would like to learn even more!

Topics

• Decision Tree – Your borrower is in default (simple covenant default or otherwise): What do you do now?
• Communications with (or concerning) defaulted borrowers - do’s and don’ts
• Workouts – pre-negotiation agreements, discounted payoffs, forbearance agreements, and modification agreements
• Foreclosure/enforcement – real property foreclosure, UCC foreclosure, guarantor enforcement
• Bankruptcy concerns and solutions