ABI's 6th Annual Mid-Atlantic Bankruptcy Conference will be held on the Eastern Shore at the Hyatt Regency Chesapeake Bay in Cambridge, Md. August 5-7. This year's meeting offers the region's best speakers, who will discuss everything you need to know in this economic climate. Come for the educational sessions and networking events and stay for the hotel, which is beautifully situated on the banks of the Choptank River. Several of the sessions will be of particular interest to the committee.
Panelists in the session "Anything but Bankruptcy! Redux" will discuss non-bankruptcy alternatives including troubled debt restructurings, the fiduciary duties of a board of directors when considering restructuring alternatives, federal receiverships and liability claims that may arise. Keith M. Northern of NHB Advisors in Narberth, Pa. will moderate. Panelists will include H. Jason Gold of Wiley Rein LLP in McLean, Va., William E. Schonberg of Benesch, Friedlander, Coplan & Aronoff LLP in Cleveland and Rafael X. Zahralddin-Aravena of Elliott Greenleaf in Wilmington, Del. Please click the links below to view the materials.
The Brave New World of Non-Bankruptcy Alternatives. Is It Time To Bring Back the TDR?
Fiduciary Duty Considerations for an Insolvent Corporation's Board
Federal Receiverships
Limitations to Bankruptcy Alternatives: Successor Liability, the Uniform Fraudulent Transfer Act, Piercing the Corporate Veil, and Persistent Liabilities
Panelists in the session "A Proper Burial" will discuss how to best wrap up a liquidating chapter 11 case through structured dismissals, conversions and short-form plans. Steven K. Kortanek of Womble Carlyle Sandridge & Rice PLLC in Wilmington, Del. will moderate. Panelists will include David W. Carickhoff of Blank Rome LLP in Wilmington, Del., Charles R. Goldstein of Protiviti Inc. in Baltimore, William K. Harrington of the Office of the U.S. Trustee in Wilmington, Del. and Norman L. Pernick of Cole, Schotz, Meisel, Forman & Leonard, PA in Wilmington, Del. Please click the link below to view the relevant materials.
Structured Dismissals, Conversions, Short-Form Plans
Panelists in the session "Rule 2019 Issues" will give the background of Rule 2019 and discuss recent inter- and intra-circuit splits on the application of the rule and proposed amendments. Mark D. Collins of Richards, Layton & Finger, PA in Wilmington, Del. will moderate. Panelists will include Hon. Randolph Baxter of the U.S. Bankruptcy Court (N.D. Ohio) in Cleveland, Ramona D. Elliott of the Executive Office for U.S. Trustees in Washington, D.C. and Hon. Raymond T. Lyons of the U.S. Bankruptcy Court (D. N.J.) in Trenton, N.J. Please click the link below to view the relevant materials.
Rule 2019 Issues
ABI is pleased to once again join forces with the Association of Insolvency and Restructuring Advisors, the Shidler College of Business at the University of Hawai'i, the Institute of Asian-Pacific Business Law at the William S. Richardson School of Law at the University of Hawai'i and the Bankruptcy Law Section of the Hawai'i State Bar Association to present the Third Hawaiian Bankruptcy Workshop at the Fairmont Orchid, Big Island Hawai'i, August 11-14. This year's meeting offers an open workshop educational format that allows open dialogue between presenters and attendees. One can choose between a business or international track to customize the learning experience. The Fairmont Orchid Hawai'i offers luxurious accomodations within the 3200-acre Mauna Lani Resort. Two of the sessions will be of particular interest to the committee.
Panelists in the Past Presidents Panel, "Current Developments in Bankruptcy and Reorganization," will discuss the state of the global and domestic economy as well as the financial outlook for the near future. Melissa Kibler Knoll of Mesirow Financial Consulting, LLC in Chicago will moderate. Panelists will include John W. Ames of Greenebaum Doll & McDonald PLLC in Louisville, Ky., Robert M. Fishman of Shaw Gussis Fishman Glantz Wolfson & Towbin LLP in Chicago and Reginald W. Jackson of Vorys, Sater, Seymour and Pease LLP in Columbus, Ohio. Please click the link below to view the materials.
Current Developments in Bankruptcy and Reorganization
Panelists in the session "Real Estate Bankruptcy Cases" will review the use of state and federal receiverships as a non-bankruptcy alternative. Panelists will include Geoffrey L. Berman of Development Specialists, Inc. in Los Angeles, Hon. Lloyd King of the U.S. Bankruptcy Court (D. Haw.) in Honolulu and Simon Klevansky of Klevansky Piper Van Etten, LLP in Honolulu. Deborah D. Williamson of Cox Smith Matthews Incorporated in San Antonio will moderate. Please click the link below to view the relevant materials.
Receivership Basics
ABI's 7th Annual Complex Financial Restructuring Program will be held September 20 at the Fordham University School of Law in New York. This program offers a unique opportunity to gain an understanding of the various roles played by investment bankers, financial advisors and others representing stakeholders in today's complex cases. This year's hypothetical case of "Vandelay Industries Inc." will be dramatized by parties-in-interest as they examine strategic alternatives and seek the highest value for a troubled company. Throughout the one-day program, experienced professionals from the fields of finance, investment banking, accounting, law and turnaround play the roles of the constituents - company board, management, secured debt, trade creditors, attorneys and advisors, the government and others. From the decision concerning whether to file for bankruptcy through the exit strategy, the parties grapple with the real-world problems in real-time. Their positions frequently conflict and the debates can be heated, just as in today's cases.
This year will also mark the First Annual Anthony H.N. Schnelling Lecture in Commercial Bankruptcy. The lecture will feature a leading figure in the restructuring world, as a tribute to the memory of Tony Schnelling, a former ABI Vice President-Development. The first lecturer will be Hon. Burton R. Lifland, who, like Tony, is an alumnus of Fordham University School of Law.
Don't miss this unique, interactive event. Register today!
The ABI is pleased to join the New York University School of Law and the NYU Center for Law & Business to present this year's 36th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganization on September 22-23 in New York. This two day-long workshop includes a Basic Program designed for entry-level business bankruptcy lawyers, general practitioners and business professionals, as well as an Advanced Program for experienced practitioners and financial professionals. The program will again address the topics that practitioners need - fundamental business bankruptcy as well as advanced panels covering current issues. Click here to register today.
The Business Reorganization Committee is searching for publications for its Newsletter. If you are interested in having an article published in this Newsletter, please contact Brad Sandler at bsandler@pszjlaw.com or by phone at 302.778.6424, or any of the Committee leaders.