Workouts for LLCs/Partnerships, Part 1 (Live Replay)
Smaller and medium size businesses, often organized as partnerships and Limited Liability Companies, are taking the brunt of the economic slowdown and credit crisis. Many are struggling to survive by working with financial and trade creditors and equity investors to modify the terms of existing obligations and obtain new credit or equity for operating capital. This is a complex process involving different types of stakeholders with competing interests, whom must be reconciled and balanced for a workout to succeed. This program will provide you with a real world guide to tax and non-tax strategies for partnership and Limited Liability Company workouts.
Day 1 – April 15, 2010:
- Goals of workouts: Survival plan v. plan of liquidation
- Workout strategies for different types creditors – financial creditors, trade creditors, and equity holders
- Obtaining additional credit for operating capital during workout
- Debt for equity exchanges
- Impact on members v. LLC/partnerships
Day 2 – April 16, 2010:
- Modification of loans
- Planning to limit or eliminate taxes on cancellation of indebtedness
- Recourse v. non-recourse debt issues
- Special real estate issues
- Employment tax issues
Rob Charles is a partner in the Las Vegas and Tucson offices of Lewis and Roca, LLP, where he represents clients in business bankruptcy cases, commercial lawsuits and business transactions. He represents both secured and unsecured creditors, as well as debtors, in all aspects of Chapter 11 business bankruptcy cases before the bankruptcy courts and on appeal. Mr. Charles is a contributor to the Norton Bankruptcy Law Adviser and is an adjunct professor of law at the University of Arizona College of Law. He is a member of the American Bankruptcy Institute and formerly served as chair of the State Bar of Arizona Rules of Professional Conduct Committee. He received his B.A. and his J.D. from the University of Arizona.
Mark Stone is a partner in the New York City office of Holland & Knight, LLP, where he practices in the areas of corporate, international, and real estate taxation and has substantial experience in the representation of non-U.S. companies. He has represented complex real estate partnership/LLCs in tax matters arising out of refinancing of hotels and office buildings and restructuring of the underlying ownership interests. Mr. Stone is vice chair of the Federal Taxation of Real Estate Committee of the ABA's Real Property, Trust and Probate Section and is the immediate past chair of the New York City Bar Committee on Taxation of Business Entities. He received his A.B. from the University of Massachusetts at Amherst, his J.D. form Boston College Law School, and his LL.M. in taxation form New York University School of Law.
