The 17th Annual Bankruptcy Battleground West took place at the lavish Beverly Wilshire in Beverly Hills, Calif. on Friday, March 13. This year's program, "Singing in the Rain: Preparing For the Bankruptcy Floodgates To Open," highlighted emerging legal issues involving real estate, asset sales and claim preservation. One session was of particular interest to the committee.
The session, "Can't Buy Me Love, But How About a Company?," addressed the recent decisions by the Ninth Circuit Bankruptcy Appellate Panel and the Supreme Court and how these decisions will affect section 363 sales going forward. Robbin L. Itkin of Steptoe & Johnson LLP in Los Angeles moderated the session. Panelists included Matt Covington of Peitzman, Weg & Kempinsky LLP in Los Angeles, Brian J. Cullen of Chanin Capital Partners, a Duff & Phelps Company in Los Angeles and Marc J. Winthrop of Winthrop Couchot Professional Corporation in Newport Beach, Calif. Please click the link below to view the session materials.
Can't Buy Me Love, But How About a Company?
The 27th Annual Spring Meeting: Washington, DC like you have never seen it before! Located a few minutes from Capitol Hill, on the historic Potomac River, the Gaylord National Resort & Spa offers the most deluxe meeting and event space in the area. This year's conference is quickly approaching! It will be held April 1-4 and will have a special focus on the tough policy choices facing the new administration and Congress. Don't miss out on the best national speakers, great educational and networking opportunities. Click here to register today!
The Asset Sales Committee will hold a joint session with the Real Estate Committee and the National Auctioneers Association on Thursday afternoon at 4:00 p.m. entitled "Maximizing the Value of Commercial Real Estate, Machinery and Equipment and Intellectual Property through the Auction Process." Gary S. Jacobson of Herold and Haines, PA in Warren, N.J. will moderate the session. Panelists will include David A. Fiegel of GoIndustry USA in Owings Mills, Md., Cathy Rae Hershcopf of Cooley Godward Kronish LLP in New York, Stephen M. Karbelk of National Commercial Auctioneers in Tulsa, Okla. and Daryl Martin of CONSOR Intellectual Asset Management in La Jolla, Calif.
Additionally, panelists for the general session "Selling Strategies - Finding Buyers and Managing an Effective Sale Process," will discuss six general alternatives available to a potential acquirer of the stock or assets of a financially distressed company, both in, and outside of, a formal chapter 11 bankruptcy proceeding. Jonathan P. Friedland of Levenfeld Pearlstein, LLC in Chicago will moderate. Panelists will include Charles C. Reardon of Houlihan Lokey in McLean, Va., Daniel F. Dooley of MorrisAnderson & Associates, Ltd. in Chicago and Thomas J. Salerno of Squire, Sanders & Dempsey, LLP in Phoenix. Please click the link below to view Mr. Salerno's paper. The complete Annual Spring Meeting materials will be posted online a week before the conference.
Acquisitions from Financially Distressed Companies - An Overview
The 11th Annual New York City Bankruptcy Conference will take place on Monday, May 4, at the landmark New York Marriott Marquis. This day-long education forum is designed to appeal to both new and experienced professionals and boasts a faculty of bankruptcy judges and practitioners from the top national insolvency firms. The stand-alone primer course, "Bankruptcy Fundamentals: Nuts & Bolts for Young and New Practioners," will be held the preceding Friday. One of the sessions at the conference is of particular interest to the committee. Click here to register today!
Panelists in the session "Sales Issues," will discuss developments in §363 sales and procedures as well as the long-term effect of recent relevant cases. Michael P. Richman of Foley & Lardner LLP in New York will moderate. Panelists will include Hon. Stuart M. Bernstein of the U.S. Bankruptcy Court (S.D.N.Y) in New York, Ira L. Herman of Thompson & Knight LLP in New York, Steven J. Reisman of Curtis, Mallet-Prevost, Colt & Mosle LLP in New York and Jeffrey N. Rich of K&L Gates LLP in New York. Please click the link below to view the relevant materials.
Section 363(n) and the Issue of Collusion in Asset Sales
How "Free and Clear" is a Sale Under Section 363(f)?
High Owe, High Owe - So Off to Section 363 We Go
Please submit articles for publication in future editions of the Asset Sales Committee newsletter to John H. Maddock, III at jmaddock@mcguirewoods.com
