Risk Analyses:
Fraudulent or Avoidable Transfer Risk Analysis outlines risks associated with transactional structures and proposed conveyances, and presents alternative approaches to reduce the potential for fraudulent or avoidable transfer liability. Ice Miller's Bankruptcy and Financial Restructuring practice group provides advice regarding business structure and documentation so organizations can protect against the perils of fraudulent transfer attacks by creditors.
Bankruptcy Preference Risk Analysis presents recommendations regarding credit transactions to reduce the potential for subsequent actions to recover preferential transfers. Advice provided by the Ice Miller Bankruptcy and Financial Restructuring practice group, especially at the inception of a transaction, may help reduce exposure to bankruptcy or state law actions for avoidance of preferential transfers.
Successor Liability Risk Analysis addresses recommendations regarding transactional structure in business and asset acquisitions that may lead to claims of successor liability. Transactions involving acquisition of assets of a seller may lead to liability of the buyer for claims of the seller, unless the transaction is structured to avoid successor liability.
Lien Perfection Analysis involves a review of transactional requirements for legal perfection of security interests under the UCC and other law in original loans, workouts, partial lien releases and other transactions. Because the Ice Miller Bankruptcy and Financial Restructuring practice group members are fluent in the Uniform Commercial Code and other laws affecting the perfection of liens and interests in property, secured creditors and other parties are well served to rely on the group's analysis of steps toward proper lien perfection and protection.
International Sales Risk Analysis outlines necessary steps to protect international vendors and vendees, including methods to benefit from the ULISG and applicable UN Conventions. The Ice Miller Bankruptcy and Financial Restructuring practice group lends its knowledge of model international laws related to sales and secured financing in assisting clients with worldwide business issues.
Transaction Fairness Analysis is performed in association with valuation professionals and addresses the financial and legal fairness of proposed transactions, including mergers, spin-offs and sales. Complex transactions involving changes to business ownership require analysis of the effect of transfers on creditors and shareholders, and the fairness analysis provides insight into risks associated with spinoffs, mergers and sales.
Opinions:
Substantive Consolidation Opinion examines of the risks associated with potential substantive consolidation of entities in bankruptcy proceedings. The opinion focuses on maintaining separateness of operations and respecting organizational requirements.
Preference Opinion reviews the risks associated with potential preference liability in bankruptcy proceedings. Typically required in bond financing and securitization transactions, preference opinions provide analysis of the risks associated with bankruptcy litigation seeking avoidance of payments made to creditors.
True Sale Opinion examines risks associated with recharacterization of transfers of assets, including accounts receivable, as secured transactions. Along with Substantive Consolidation and Preference Opinions, Ice Miller's Bankruptcy and Financial Restructuring practice group routinely provides opinions for sale transactions, addressing the legal requirements for avoiding attack by creditors asserting that the sale is disguised financing.
Workout:
SBA 50 57 Workout Analysis outlines options and procedures for restructuring of Small Business Administration loan transactions. Negotiations with lenders and the SBA concerning restructuring of an SBA guaranteed loan is complex, and requires familiarity with unique SBA rules and forms. Ice Miller's Bankruptcy and Financial Restructuring practice group can help borrowers through the maze of SBA regulations and requirements to enhance the chances for a successful restructuring.
Bankruptcy Alternatives presents assignment for benefit of creditors, composition workout, receivership and bankruptcy options to reduce costs and maximize effectiveness of financial restructurings and liquidations. The practice group assists lenders, investors, creditors and borrowers in understanding the options available to address financial distress and achieve objectives in an efficient and cost-effective manner.