Convergence of Nonprofit Law and Bankruptcy Law
Hyatt Regency Seattle
808 Howell St.
Seattle, WA 98101
This presentation will go beyond the basics of a nonprofit bankruptcy that precludes an involuntary filing or conversion to chapter 7, but will take a deeper dive to consider several unique features (or pitfalls) of a nonprofit restructuring for consideration by both practitioners and the courts. For example, how does an organization’s mission impact a court’s review of the debtor’s business judgment in assessing sales for substantially all assets?; how does a cramdown plan work for a nonprofit when there are no equity holders, and is the absolute priority rule even relevant?; do the fiduciary duties of a nonprofit board shift when the organization is insolvent?; and, how to successful emerge from bankruptcy when there are competing nonapplicable laws impacting the nonprofit and its reorganization plan, including health care, energy, environmental, and exit financing.