HomeWebcastPost-Confirmation Liquidation and Litigation Trusts in Bankruptcies: Best Practices and Practical Guide
Liquidation and Litigation Trusts in Bankruptcies CLE CLE

Post-Confirmation Liquidation and Litigation Trusts in Bankruptcies: Best Practices and Practical Guide

Live Webcast Date: Monday, November 21, 2016 from 12:00 pm to 2:00 pm (ET)
CLE Bankruptcy LawRecording

Liquidation and Litigation Trusts in Bankruptcies CLE

Join us for this Knowledge Group Liquidation and Litigation Trusts in Bankruptcies CLE Webinar. In liquidating chapter 11 cases and also in reorganizations, post-confirmation liquidation and litigation trusts have been common for decades. These tools assist in separating the reorganized entity from the remaining bankruptcy and non-bankruptcy litigation to be completed in a case and also provide a generally tax-efficient mechanic to handle post-confirmation matters in a liquidating chapter 11.  However, frequently trust agreements and their application lead to unintended and negative results, and the fact such entities operate in a post-confirmation environment with less court oversight does not diminish the need for transparency and engaged creditor/trust beneficiary oversight.  It is imperative for creditors and recurring trustees, and for investors and other stakeholders that interact on a regular basis with the chapter 11 process, to keep themselves aware of the recent legal and practical developments.

In this two-hour Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help the audience understand the fundamental and complex aspects of this significant topic. They will provide an in-depth discussion of Post-Confirmation Liquidation and Litigation Trusts in Bankruptcies. Speakers will also offer best practices in maximizing the benefits of post-confirmation trusts while ensuring compliance with bankruptcy and applicable non-bankruptcy law.

Key issues that will be covered in this course are:

  • Post-Confirmation Liquidation & Litigation Trusts – An Overview
  • Common Challenges to Litigation Trusts
  • Scope and Limitations of Trust Agreements
  • Trust Agreement Indemnification and Exculpation Provisions
  • Tax Treatment of Liquidation and Litigation Trusts
  • Trust Oversight Committees
  • Selection of Trustee
  • Trust Reporting
  • Section 1123 Claim Preservation Requirements
  • Trading of Trust Interests
  • Other Key Issues and Recent Case Developments

Who Should Attend

  • Bankruptcy Lawyers and Practitioners
  • Bankruptcy Professionals
  • Litigation and Liquidation Officers
  • Practitioners (representing post-confirmation trusts)
  • Legal Counsel
  • Legal Advisers
  • Other related/interested Professionals and Organizations

Faculty

Liquidation and Litigation Trusts in Bankruptcies CLE
Jeffrey N. Rothleder
Partner
Arent Fox LLP
Liquidation and Litigation Trusts in Bankruptcies CLE
Dion W. Hayes
Partner
McGuireWoods LLP
Liquidation and Litigation Trusts in Bankruptcies CLE
Robert Katz
Managing Director
EisnerAmper LLP
Liquidation and Litigation Trusts in Bankruptcies CLE
Lisa S. Tsai
Partner
Reid Collins & Tsai LLP

Click Here to Read Additional Material

Liquidation and Litigation Trusts in Bankruptcies CLE

Jeffrey N. Rothleder, Partner
Arent Fox LLP
  • Setting up the trust nuts and bolts
  • Pre-confirmation issues relating to the trust
  • Getting the trust up and running after confirmation of the plan
  • Trust Agreement and Plan Provisions

Dion W. Hayes, Partner
McGuireWoods LLP
  • The Trust Agreement, Formation, and Governance
    • Selection of Trustee
    • Oversight Committee – Composition and Role
    • Trustee Authority
    • Indemnification and Exculpation
    • Tax Treatment
    • Trade-ability of Interests
    • Duration and Sub-Trusts
    • Litigation Financing

Robert Katz, Managing Director
EisnerAmper LLP
  • Claims reconciliation/administration/objections
  • Creditor distributions
  • Use of a disbursing agent
  • Litigation management
  • Taxes
  • Banking
  • Post-confirmation reporting to the Court/UST
  • Closing the bankruptcy cases
  • Chapter 11 wind-down and clean-up
    • Employee benefit plans
    • Final Monthly Operating Report(s)
    • Final Debtor tax returns
    • Payroll issues
    • Shutting down recurring services and budgeting for final unpaid administrative expenses of the
    • Chapter 11

Lisa S. Tsai, Partner
Reid Collins & Tsai LLP
  • Advantages in pursuing litigation claims
  • Common challenges to litigation trusts
  • Litigation financing options
  • Strategic Waiver Issue

Liquidation and Litigation Trusts in Bankruptcies CLE

Liquidation and Litigation Trusts in Bankruptcies CLE

Jeffrey N. RothlederPartnerArent Fox LLP

Jeffrey Rothleder is a partner in the Financial Restructuring and Bankruptcy Practice Group at Arent Fox. Jeff’s practice focuses on financial restructuring, corporate trust matters, and workout proceedings on behalf of financially distressed companies or their creditors, including representation of debtors, indenture trustees, creditors and creditors’ committees, investors and purchasers in in-court and out-of-court restructurings. Jeff represents a wide variety of clients in the enforcement of the entire spectrum of creditors’ rights involving secured, unsecured, public or private, and taxable and tax-exempt debt through his work with indenture trustees, lenders, individual creditors, and official committees in Chapter 11 cases.

Jeff also has experience representing debtors, including the restructuring of large companies through the Chapter 11 process or conducting the orderly liquidating and comprehensive asset sales for a diverse group of companies, with a constant view toward balancing the maximization of recoveries for creditors with the protection of the rights of debtors and sellers.

Liquidation and Litigation Trusts in Bankruptcies CLE

Dion W. HayesPartnerMcGuireWoods LLP

Dion serves as chair of McGuireWoods’ 40-attorney restructuring and insolvency department. Since 1992, he has focused his practice on insolvency law and financial restructuring, including bankruptcy, out-of-court restructurings, distressed asset acquisitions and recapitalizations, and related litigation. He has particular recent experience in the coal, metals mining, and healthcare industries.  He is currently co-counsel for the dip and 1L lenders in the Patriot Coal II,  Alpha Natural Resources, and PennVirginia Corp. chapter 11 cases (E.D. Va.) and counsel for a financial institution in the Telexfree Ponzi scheme chapter 11 case (D. Mass.).  He has recently appeared in bankruptcy courts and other federal courts in Delaware, Florida, New York, Texas, and Virginia.

Dion received his JD from William & Mary Law School in 1992 and his BA from the University of Virginia in 1989. He has been selected for inclusion in Chambers USA (Tier 1) for Bankruptcy; The Best Lawyers in America in Bankruptcy and Creditor/Debtor Rights; Super Lawyers in Bankruptcy & Creditor/Debtor Rights, Banking, and Business Litigation; and the Legal Elite in Bankruptcy.  He works out of McGuireWoods’ Richmond and New York offices and is admitted to practice in D.C., Maryland, New York, and Virginia.

Liquidation and Litigation Trusts in Bankruptcies CLE

Robert KatzManaging DirectorEisnerAmper LLP

Robert Katz is a Managing Director in the Bankruptcy and Restructuring Group. With over 25 years of experience, Robert works with public and private middle-market companies, both in and out of bankruptcy, who are facing operational or financial challenges to create and execute the strategy needed to restructure or improve operating performance.

In a leadership capacity, Robert acts as Interim President, Chief Financial Officer, Chief Operating Officer, Chief Restructuring Officer or Treasurer, helping companies improve operating performance. He acts as plan administrator, distribution trustee and receiver. Robert also advises United States trustees, creditor committees, company management, lenders and private equity funds. He pursues substantial litigation claims and avoidance actions, as well as serves as an expert witness.

He is a trusted advisor and board member for public companies, private family owned businesses, and many not-for-profit organizations.

Liquidation and Litigation Trusts in Bankruptcies CLE

Lisa S. TsaiPartnerReid Collins & Tsai LLP

Lisa S. Tsai is a founding partner at Reid Collins & Tsai LLP, a trial firm with offices in Austin, Dallas, New York, and Washington, D.C.  Lisa has represented clients in a wide variety of complex commercial matters, including insolvency litigation, financial fraud cases, breach of fiduciary duty lawsuits, professional negligence actions, and intellectual property disputes.  In 2014, Lisa obtained a Top 50 Verdict in the United States.  In 2015, following a lengthy jury trial and bench trial, Lisa and her team won a $287.5 million judgment against Credit Suisse for breaching its contractual duties and fraudulently inducing a group of funds into investing $250 million in a $540 million loan to the developers of the Lake Las Vegas Resort.  This year, Lisa was named to the list of 2016 LawDragon 500 Leading Lawyers in America, which recognizes the most elite lawyers in the profession.  Lisa has been named a “Super Lawyer” by Texas Monthly for the last three years.  Lisa received her A.B. in Politics, with highest honors, from Princeton University.  Lisa received her J.D., with honors, from The University of Texas School of Law, where she served on the Texas Law Review and was selected to the Order of the Coif.  Following law school, Lisa served as a judicial law clerk in the United States District Court for the Southern District of Texas and a litigation associate at Latham & Watkins LLP in Los Angeles, California.  

Liquidation and Litigation Trusts in Bankruptcies CLE

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in bankruptcy

Course Code:
   145626

NASBA Field of Study:
   Business Law - Technical

NY Category of CLE Credit:
   Skills

Total Credits:
    2.0 CLE

No Access

You are not logged in. Please or register to the event to gain access to the materials and login instructions.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. As a result of guiding principles centered on first-rate legal work and exceptional service, the firm has earned its reputation for providing clients with the counsel they need to meet critical challenges in their “world.”

Complex problems require interdisciplinary solutions and should be approached with a practical perspective and managed with maximum efficiency. With offices in Los Angeles, New York, San Francisco, and Washington, DC, Arent Fox provides strategic legal counsel to clients that range from Fortune 500 corporations and start-ups, to trade associations and foreign governments.

Our practice breadth, geographical reach, and industry knowledge combine to provide clients with business-oriented legal advice designed to ensure they achieve their commercial goals. Through decades of service, our attorneys have understood that hard work and talent are just a starting point for being considered a premier law firm, a distinction that Arent Fox has earned from The American Lawyer, Chambers USA, and Legal 500.

As one of the most diverse general practice law firms in the country, Arent Fox has roots in government service, a focus on legal excellence, and a commitment to the administration of justice stretching back 70 years. Our lawyers have consistently distinguished themselves as leaders in pro bono representation, while many continue to play prominent roles in public service.

Arent Fox is proud of its reputation for understanding our clients’ business, their industry, and their world.

Website: https://www.arentfox.com/

McGuireWoods LLP, a leading international law firm with more than 1,000 lawyers in 23 offices worldwide, has earned the loyalty of its many longstanding clients with deep and broad legal experience, a passion for understanding their businesses and markets, innovative delivery of business-minded solutions, and unmatched service. The firm’s Restructuring and Insolvency Department represents clients in a range of industries, including mining, energy, healthcare, retail, transportation, manufacturing and telecommunications. Ten of McGuireWoods’ restructuring and insolvency lawyers are ranked by Chambers USA in its 2015 guide.  

Website: https://www.mcguirewoods.com/

EisnerAmper offers responsive accounting, tax and consulting services with an entrepreneurial focus, providing clients with smart, analytical insights delivered in an approachable style. Firm professionals build strong client relationships based on open communication with each client, and believe that the trust clients put in them is paramount. Every member of the EisnerAmper team is passionate about rolling up their sleeves and working hard to help clients get down to the business of building success. The firm works with enterprises as diverse as sophisticated financial institutions and start-ups, global public corporations and middle-market companies as well as family offices, not-for-profit organizations, and entrepreneurial ventures across a variety of industries.

EisnerAmper is one of the largest accounting firms in the nation with nearly 1,300 employees, including 180 partners. The firm is also one of the nation’s leading auditors of SEC registrants and maintains one of the largest public company practices of any independent firm, providing audit, tax, internal audit, pension audit, human capital consulting and a variety of other services to more than 200 public companies.

Website: https://www.eisneramper.com/

Reid Collins & Tsai LLP is a nationally recognized trial firm that prosecutes high-stakes, complex business cases.  In 2015, RCT was named Litigation Department of the Year Finalist by the Texas Lawyer.  And this year, RCT was one of ten law firms selected to the 2016 National Law Journal Litigation Boutiques Hot List.  RCT represents bankruptcy trustees in the United States and offshore liquidators around the world in investigating and prosecuting claims against directors and officers, third-party professionals, and financial institutions arising from large insolvencies.  RCT represents investment managers, hedge funds, state pension funds, and other investors who have been victims of massive financial frauds in bringing claims against global investment banks, top-tier law firms, and other culpable third parties. RCT represents whistleblowers in filing qui tam actions to expose corporate malfeasance and wrongdoing, which has resulted in some of the most notable state interventions in history.  RCT represents individuals and technology companies whose intellectual property rights have been infringed by contract or under law.  Today, RCT has 28 lawyers across four offices in Austin, Dallas, New York, and Washington, D.C.

Website: https://www.rctlegal.com/people/

Ultimate Value Annual Program

Bring a colleague for only $149, a savings of $50 per additional attendee.

  • Unlimited Access to Live & Recorded Webcasts
  • Instant Access to Course Materials
  • And More!

$199