James Gadsden Speaks at “Hot Topics in Structured Finance” Program
Partner James Gadsden, head of the firm's bankruptcy and structured finance groups, will present “General Growth Properties and its Aftermath” at the Hot Topics in Structured Finance program on March 17, 2010 at 6:00 p.m. at the New York City Bar Association. The seminar is sponsored by the City Bar’s Committee on Structured Finance.
The chapter 11 filings by mall operator General Growth Properties and its 388 subsidiaries raised substantial concerns in the structured finance market concerning the effectiveness of the steps taken in the commercial mortgage backed securitization transactions to make the subsidiaries "bankruptcy remote" "special purpose entities" that would not become subject to bankruptcy cases and whose cash flow would be dedicated to service the debt on financed property.
He will describe the litigation in the General Growth properties case and the steps taken in the chapter 11 plan and recommended for future transactions to limit the risk of bankruptcy filing for special purpose entities and to preserve the integrity of their cash flows.
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