Significant Issues in Distressed Debt and Restructurings Explored: 2015 Update
This course will focus on significant current issues relating to corporate restructuring and bankruptcy. Our panel of thought leaders and practitioners will provide a refresher on basic concepts as well as commentary on recent developments. The panel will include discussion of judicial decisions, major chapter 11 cases and the tax aspects of restructuring transactions.
The live seminar will address the following topics, among others:
- Recent decisions relating to prepayment clauses, including EFH and Momentive
- Recent decisions relating to secured creditor rights and remedies
- Recent developments in fraudulent transfer law, including attempts by estate representatives to invoke the powers of the IRS
- D&O Insurance in chapter 11 cases
- The Trust Indenture Act and out-of-court restructurings
- Tax issues, including NOLs and cancellation of indebtedness
- Recent decisions relating to secured creditor rights and remedies - Rob Boller
- Recent developments in fraudulent transfer law, including attempts by estate representatives to invoke the powers of the IRS - Rob Boller
- D&O Insurance in chapter 11 cases - Rob Boller
- Recent decisions relating to prepayment clauses, including EFH and Momentive - Emil Kleinhaus
- The Trust Indenture Act and out-of-court restructurings - Emil Kleinhaus
- Tax issues, including NOLs and cancellation of indebtedness – Richard Nugent
Who Should Attend:
- Financial Lawyers
- Financial Advisers
- Financial Professionals
- Financial Report Preparers
- Bankruptcy and Restructuring Practicing Lawyers
- In-house Counsel
- Other Related/Interested Professionals and Organizations
Richard Nugent is a transactional lawyer with significant experience in the tax aspects of public and private mergers, acquisitions and spin-offs and in advising debtors, creditors and potential acquirers of financially troubled companies both within and outside the bankruptcy context. He also has experience advising clients on cross-border tax strategies, financing transactions and tax controversies.
Richard was recognized in Super Lawyers (New York-Metro) for 2011, 2012, 2013 and 2014 and was named to the Turnarounds & Workouts annual list of Bankruptcy Tax Specialists for 2011 . Richard has spoken on, and has authored or co-authored several articles on, U.S. tax issues. Richard also is a member of the New York State Bar Association Tax Section for which he has co-authored several reports and letters and is a member of the Tax Forum.
Richard received his LL.M., with distinction, from Georgetown University Law Center; his J.D., with honors, from Rutgers University School of Law (Newark); and his B.A., summa cum laude, from Saint Peter's College (now University). He served as a clerk to the Honorable Richard F. Suhrheinrich of the U.S. Court of Appeals for the Sixth Circuit and the Honorable Robert P. Ruwe of the United States Tax Court.
Richard Nugent is a transactional lawyer with significant experience in the tax aspects of public and private mergers, acquisitions and spin-offs and in …
Emil A. Kleinhaus is a partner at Wachtell, Lipton, Rosen & Katz. He focuses on commercial litigation, bankruptcy and creditors’ rights. Emil is an author of numerous publications, including “Prepayment Clauses in Bankruptcy,” 15 Am. Bankr. Inst. L. Rev. 537 (2007) and “Debt Repayments as Fraudulent Transfers”, 88 Am Bankr. L. J. 307 (2014). In 2014, Emil was named by Law360 as one of eight “Rising Stars” in the Bankruptcy category. Emil is currently chair of the New York City Bar Association’s Sub-Committee on Fraudulent Conveyance Law.
Emil received a B.A., summa cum laude and Phi Beta Kappa, from Yale College in 1999, and a J.D. from Yale Law School in 2002, where he was an Articles Editor of the Yale Law Journal. Following law school, he served as a law clerk for Chief Judge Michael B. Mukasey of the United States District Court for the Southern District of New York and for Judge José A. Cabranes of the United States Court of Appeals for the Second Circuit.
Emil A. Kleinhaus is a partner at Wachtell, Lipton, Rosen & Katz. He focuses on commercial litigation, bankruptcy and creditors’ …
Robert Boller represents companies, partnerships and individuals in a variety of litigation and regulatory matters, with a particular focus on disputes arising out of complex financial transactions and investment activities. Mr. Boller also counsels creditors and creditors’ committees on litigation issues arising out of bankruptcy proceedings.
Mr. Boller has represented or advised clients in financial disputes related to partnership dissolution/liquidation, real estate financings, mortgage portfolio sales and securitizations, swaps and other derivative contracts, debt covenants, and trading in common and preferred equities, warrants, options, various types of debt structures, options, master limited partnerships (“MLPs”), trust preferred securities (“TPSs”), litigation tracking warrants (“LTWs”) and carbon emissions reduction credits (“CERs”).
Mr. Boller also regularly represents creditors and creditors’ committees in bankruptcy and restructuring-related litigation and adversary proceedings. Mr. Boller has litigated issues including contested plan confirmation, fraudulent transfer, asset turnover, make-whole disputes and valuation of claims.
Representative matters include:
- represented the Official Committee of Edison Mission Energy in all litigation matters;
- represented of the Official Committee of Unsecured Creditors of Washington Mutual, Inc., in all litigation matters, including disputes related to confirmation, asset turnover, fraudulent transfers/preferences, and in various litigations related to Washington Mutual’s issuance of mortgage backed securities, Trust Preferred Securities and Litigation Tracking Warrants;
- represented the WMI Liquidating Trust in post-confirmation fraudulent transfer litigation;
- represented the Board of Directors of Ambassadors International, Inc., in litigation against bankruptcy trustee related to availability of proceeds of Directors and Officers insurance policy;
- represented former director of bankrupt subprime lender in bankruptcy trustee investigation;
- represented private equity fund in investigation/litigation arising out of portfolio company bankruptcy.
Robert Boller represents companies, partnerships and individuals in a variety of litigation and regulatory matters, with a particular focus on disputes arising …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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About Cadwalader, Wickersham & Taft LLP
Established in New York in 1792, Cadwalader, Wickersham & Taft LLP is a leading advisor to corporations and financial institutions, providing innovative solutions to complex legal issues. With offices in strategically located financial and governmental centers, the firm is well positioned to offer top-flight services to clients conducting business across the globe.
About Wachtell, Lipton, Rosen & Katz
Wachtell, Lipton, Rosen & Katz is one of the most prominent business law firms in the United States. The firm regularly handles some of the largest, most complex and demanding transactions in the United States and around the world. The firm also handles significant restructuring and bankruptcy matters, as well as white collar criminal investigations and other sensitive litigation matters.
About Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP is a leading global law firm providing innovative legal services and business solutions to individuals and institutions. We are one of the world’s largest law firms, with more than 900 lawyers and professionals in 22 offices. Our firm’s clients range from individuals to corporations and foreign governments.
We were founded in Texas in 1945 by Robert Strauss and Richard Gump, with the guiding vision that commitment, excellence and integrity would drive the success of the firm. We incorporated those qualities into the firm’s core values as we grew into an international full-service firm positioned at the intersection of commerce, policy and the law. Our goal in every engagement is to offer a level of client service that not only meets but anticipates our clients’ needs and exceeds their expectations. From reputational defense of headline-makers to down- and midstream energy investments, from precedential class action dismissals to protection of terrorism’s victims, we serve clients in over 85 practices that range from the traditional, such as litigation and corporate, to the contemporary, such as climate change and national security. Our lawyers, many of them with years of experience in the boardroom, on the bench and in the halls of government, collaborate across borders and practice areas to provide comprehensive counsel.