Exploring the Bankruptcy Code Section 503(b)(9)
In this two-hour LIVE webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help firms understand the important aspects of this significant topic. They will provide an in-depth discussion of with regards to the recent developments and key issues relating to the Goods shipped within 20 days under Section 503(b)(9) of the Bankruptcy Code.
Key topics include:
- Bankruptcy Code’s Priority Schemes
- Expenses allowed as Administrative Expenses
- Requirements for Suppliers under the Section 503(b)(9)
- Qualified Goods for the Bankruptcy Code Section 503(b)(9)
- Bankruptcy Courts’ decision for hybrid situations
- Interplay between 503(b)(9) and preferential transfers
- And a lot more!
Heath D. Rosenblat, Counsel
Drinker Biddle & Reath LLP
- How do sellers and buyers do business – general discussion of the types of delivery terms;
- What is the nature of the transaction – the predominant factor test;
- Are expenses and claims the same and how do some move up the ladder; and
- In re World Imports, what should be the appropriate guide for undefined terms in the Bankruptcy Code
George Apostolides, Partner
Arnstein & Lehr LLP
- How have courts interpreted “goods” under 503(b)(9)
- When are goods deemed “received” under 503(b)(9)
Andrew N. Goldman, Partner
Benjamin Loveland, Counsel
- Can a debtor exercise setoff rights against a creditor’s Section 503(b)(9) claim?
- Are Section 503(b)(9) claims subject to disallowance under section 502(d) if the creditor has received a potentially avoidable transfer (e.g., a preference or fraudulent transfer)?
- What is the interplay between Section 503(b)(9) claims and defenses to actions seeking to avoid preferential transfers (e.g., the new value defense)?
Who Should Attend:
- Bankruptcy Lawyers
- Bankruptcy Professionals
- Business Managers
- Sales Executive and Personnel
- Sales Department
- Operations Executives
- Marketing Adviser
- In-house Counsel
- Chief Marketing Officer
- Top Level Management
- Multinational Companies
- Private and Public Companies
- Other related/interested Professionals and Organization
Andrew Goldman is the Vice Chair of WilmerHale’s Bankruptcy and Financial Restructuring Practice Group, and is resident in the firm’s New York office. He is comfortable handling bankruptcy-related litigation and corporate issues. Having practiced in the field for more than eighteen years, Mr. Goldman is a seasoned bankruptcy litigator and counselor whose practical insights and analytical abilities enable him to fashion strategy and form consensus in the most complicated of restructuring environments.
Mr. Goldman was recognized in 2012 and 2013 by Chambers USA for his bankruptcy/restructuring practice. In addition, the 2011-2012 US News/Best Lawyers cited a client of Mr. Goldman's as saying he "is the most responsive outside counsel you will ever work with, hands down. Andy Goldman learned our business and was able to foresee issues and craft strategies. We were never a cookie-cutter deal to him.”
Andrew Goldman is the Vice Chair of WilmerHale’s Bankruptcy and Financial Restructuring Practice Group, and is resident in the firm’s …
Benjamin Loveland is a counsel at WilmerHale whose practice focuses on bankruptcy, bankruptcy-related litigation, and debt financing. Mr. Loveland represents creditors, lenders, bondholders, borrowers and debtors in a range of finance, Uniform Commercial Code (UCC), bankruptcy and financial restructuring transactions and related litigation.
Benjamin Loveland is a counsel at WilmerHale whose practice focuses on bankruptcy, bankruptcy-related litigation, and debt financing. Mr. Loveland represents …
George Apostolides is a partner and the co-head of the firm’s Commercial Litigation Group. His practice focuses on business and bankruptcy litigation, and he handles cases in federal and state courts both in Illinois and nationwide. He has practiced with the firm since his graduation from Northwestern University School of Law in 1995, and has years of experience managing business risk for his clients, litigating disputes, and, if necessary, taking cases to arbitration or trial.
Mr. Apostolides’ clients range from Fortune 500 companies to small businesses and individuals. He provides a range of services for those clients, including litigation avoidance consulting, prosecuting claims for damages, and defending cases filed against the clients. His focus is always on his clients’ needs and interests in both the short and long term.
If litigation is necessary, Mr. Apostolides has handled hundreds of cases in jurisdictions throughout the country and has first-chair trial experience both in courtrooms and before arbitration panels. He also has handled numerous appeals and has argued before the United States Court of Appeals for the Seventh Circuit.
Mr. Apostolides has extensive experience handling commercial disputes, including those asserting breach of contract, avoidance and recovery of fraudulent transfers both under the bankruptcy code and state law, Uniform Commercial Code violations, avoidance and recovery of preference payments, guaranty collection matters, post-judgment proceedings, real estate litigation, breach of fiduciary duty claims, and shareholder disputes. In addition, he has handled tort cases from his earliest days as an attorney and has experience handling insurance and liability issues.
George Apostolides is a partner and the co-head of the firm’s Commercial Litigation Group. His practice focuses on business and …
Heath has been involved in numerous aspects of work-out and restructuring matters in connection with his representation of debtors, trustees/receivers, and creditors (secured/unsecured). He acted as debtor’s counsel to a destination club, failed hedge fund, and failed merchant bank. Additionally, Heath has represented various secured lenders in judicial and non-judicial foreclosures, state-court receiverships, and chapter 11 matters that included, among other issues, DIP financing and cash collateral disputes in jurisdictions across the country. Heath has also represented receivers/trustees appointed in various SEC enforcement actions and indenture/institutional trustees in trust-preferred securities insolvency proceedings. He is currently representing the contract administrator and trustee respecting a $1.4 billion issuance in the chapter 9 municipal bankruptcy of the City of Detroit, Michigan, the largest chapter 9 filing in U.S. history by debt (estimated at $18 to $20 billion). Heath is an adjunct professor in St. John’s University School of Law bankruptcy LL.M. program, teaching a bankruptcy litigation course. He has also been published in the American Bankruptcy Institute Journal, the Secured Lender, and the New York Law Journal.
Heath has been involved in numerous aspects of work-out and restructuring matters in connection with his representation of debtors, trustees/receivers, …
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Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
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WilmerHale provides legal representation across a comprehensive range of practice areas that are critical to the success of its clients. The law firm’s leading Intellectual Property, Litigation/Controversy, Regulatory and Government Affairs, Securities, and Corporate and Transactional Departments participate in some of the highest-profile legal and policy matters. With a staunch commitment to public service, the firm is renowned as a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 15 offices in the United States, Europe and Asia. For more information, please visit www.wilmerhale.com.
About Arnstein & Lehr LLP
Arnstein & Lehr is a full-service law firm that serves a diverse client base including large corporations listed on the public stock exchanges, middle-market companies, nonprofit organizations, and emerging businesses. Clients include government, healthcare entities, higher education institutions, financial institutions, trade associations, and a broad range of businesses in the retail, industrial, manufacturing, distribution, technology, and services sectors. The firm also counsels individuals as to their personal needs, including estate planning, probate matters, and the transfer of wealth and business interests from one generation to another.
About Drinker Biddle & Reath LLP
Drinker Biddle & Reath LLP is a longstanding firm with a forward-thinking attitude. With more than 615 lawyers in 11 offices nationwide, the full-service firm strives to provide clients with unparalleled service in a comprehensive range of legal and industry practices, including corporate restructuring, health care, intellectual property, commercial litigation, communications litigation, corporate and securities, employee benefits and executive compensation, environment and energy, government and regulatory affairs, insurance coverage, investment management, labor and employment, life insurance and annuities, products liability and mass tort litigation, private client services, and real estate.
Clients choose Drinker Biddle for its sophisticated yet efficient approach to handling their most important business transactions, litigation and government affairs efforts.