RAFAEL ZAHRALDDIN IS A PANELIST AT AMERICAN BAR ASSOCIATION SECTION OF BUSINESS LAW WINTER MEETING 2010 SPEAKING ON STRUCTURING TRANSACTIONS WITH CREDITOR-CHALLENGED PARTIES

Rafael X. Zahralddin will be a panelist addressing Diligencing and Structuring Transactions with Creditor-Challenged Parties. As credit tightening persists, acquisitions of financially distressed companies and assets have increased. While the price might be a bargain, the purchase can present certain liabilities if the seller later files for bankruptcy. In particular, the debtor or trustee may be able to challenge the transaction as a fraudulent transfer and undo the sale or force the buyer to pay a higher price. The ABA program explores both the perils of the distressed acquisition process and the steps a buyer can take to reduce that risk. The panel will focus on fraudulent transfer law and the associated diligence investigation and deal structuring necessary for transactions of this nature. Whether a client is buying or selling distressed assets, both parties need to know the inherent risks and available remedies in order to structure a successful deal. Mr. Zahralddin will be speaking on recent issues related to the General Growth bankruptcy and the ways to structure deals to avoid future litigation based on liabilities from prior owners and operators.