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Recent Trends, Developments and Updates in Bankruptcy & Restructuring Law: What You Should Not Miss

Bankruptcy Law CLE

Recent Trends, Developments and Updates in Bankruptcy & Restructuring Law: What You Should Not Miss

Live Webcast Date: Tuesday, February 06, 2018 at 3:00 pm - 4:30 pm (ET)
Bankruptcy LawRecording

Bankruptcy proceedings promote entrepreneurship by allowing businesses to pursue bold inventions while allowing them to recuperate if their ideas are not successful. It provides an opportunity for businesses caught by changing times to reorganize, or to have a structured ending.

For the past years, a significant number of renowned retailers, including Toys “R” Us, have filed for bankruptcy protection to avoid financial distress and other reputational damages. With this continuous upward trend even outside the retail industry, businesses should keep themselves abreast of the latest changes and developments to fully evaluate the risks and opportunities available in restructuring proceedings.

In this Webcast, a panel of distinguished professionals and thought leaders will help businesses and restructuring professionals understand the important aspects of Bankruptcy & Restructuring law. They will provide an in-depth discussion of recent trends, developments and updates surrounding this significant topic. Speakers will also offer best practices in rehabilitating distressed businesses in such a way that their value is preserved and maximized.

Key topics include:

  • Bankruptcy & Restructuring – Recent Trends
  • Bankruptcy Rule Updates
  • Notable Cases
  • Restructuring Proceedings – Risks and Opportunities
  • Best Practices

Who Should Attend

  • Bankruptcy & Restructuring Experts and Practitioners
  • Bankruptcy Attorneys
  • Bank Executives
  • Bank Regulation Lawyers
  • Banking Lawyers & Consultants
  • Lending/Loan Officers
  • Members of Boards of Directors
  • Members of Audit Committees
  • Banks and Financial Institutions
  • Other Related and Interested Individuals

Faculty

Robert Winning

Robert Winning
Associate
Cooley LLP

Rue K. Toland

Rue K. Toland
Associate
Preti, Flaherty, Beliveau & Pachios, Chartered, LLP

Jonathan S. Pasternak

Jonathan S. Pasternak
Partner
DelBello Donnellan Weingarten Wise & Wiederkehr LLP

Click Here to Read Additional Material

SEGMENT 1:
Robert Winning, Associate
Cooley LLP

Trends in Retail Reorganization

The State of the Market:  Is there a Retail Apocalypse?

Case Study: J. Crew

  • Borrowing Against All Assets

Case Study: Sports Authority

  • Liquidation Risks
  • Consignment

Case Study: Aeropostale

  • Secured Lender Challenges
  • Creative Solutions

Recent Trends and Takeaways

  • Prenegotiated Debt-for-Equity Swaps
  • Critical Vendor Programs
  • Future Challenges

SEGMENT 2:
Rue K. Toland, Associate
Preti, Flaherty, Beliveau & Pachios, Chartered, LLP
  • Notable developments in case law
    • MPM Silicones – use of market rate in cramdowns
    • Spanish Peaks – lease stripping under Section 363
    • Pioneer Health Services – bankruptcy issues when financing software licenses

SEGMENT 3:
Jonathan S. Pasternak, Partner
DelBello Donnellan Weingarten Wise & Wiederkehr LLP
  • SMALL BUSINESS CHAPTER 11 DEBTOR PRACTICE
  • Definition; Eligibility
  • Plan Exclusivity, Filing and Confirmation Deadlines.
  • 11 U.S.C. Section 1125(f) states in relevant part:
  • the court may determine that the plan itself provides adequate information and that a separate disclosure statement is not necessary;
  • 11 U.S.C. Section 105(d)(2)(B)(vi)  provides the court , on its own motion or on the request of a party in interest … may issue an order that… provides that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan.
  • 11 U.S.C. Section 1129(e) states:
    • In a small business case, the court shall confirm a plan that complies with the applicable provisions of this title and that is filed in accordance with Section 1121(e) not later than 45 days after the plan is filed unless the time for confirmation is extended in accordance with section 1121(e)(3).
  • 11 U.S.C. Section 1112(b)(2)(A) and 1112(4)J) states that the Court shall convert, dismiss or appoint a Chapter 11 trustee for cause
  • Relevant Case Law
  • Single Asset Real Estate (“SARE”) Cases
  • Definition; Eligibility
  • Conditions for maintaining stay in Chapter 11

Robert Winning

Robert WinningAssociateCooley LLP

Robert Winning practices in the corporate restructuring and creditors’ rights group.  He advises clients on all aspects of both in- and out-of-court restructurings, reorganizations, and liquidations, with an emphasis on representing distressed companies, buyers of distressed assets, and official committees of unsecured creditors appointed in chapter 11 bankruptcy cases. Robert has represented official committees in some of the most prominent chapter 11 cases in the country, including RadioShack, Frederick's of Hollywood, Magnetation, Appleseed’s, Blockbuster, Brookstone, Violin Memory, Fuhu, hhgregg, Marsh Supermarkets, SkyMall, Pacific Sunwear, American Apparel, Atari, American Optical, Orchard Brands, Avenue Stores, The Scooter Stores, Vertis Holdings, Deb Stores, American Apparel, Allens, and Midway Gold, among others.

Rue K. Toland

Rue K. TolandAssociatePreti, Flaherty, Beliveau & Pachios, Chartered, LLP

Rue practices as an associate with Preti Flaherty’s Business Law and Creditors’ Rights Groups. Rue provides counsel on transactional and financing matters, including subscription facilities, trade and supply chain finance, secured and unsecured lending, out-of-court loan workouts, bankruptcy proceedings and other distress situations. Her experience includes drafting and negotiating transaction documents and pleadings in connection with section 363 asset sales, DIP financing, and cash collateral; preparing debtors for chapter 11 filings; analyzing, drafting, and litigating cases seeking the avoidance of preferential transfers and fraudulent conveyances; advising clients in connection with cross-border transactions and chapter 15 proceedings; prosecuting commercial real estate foreclosure and receivership actions; implementing public and private dispositions of collateral; and advising clients with respect to possible lender liability claims, intercreditor disputes, and possible instances of borrower fraud.

Jonathan S. Pasternak

Jonathan S. PasternakPartnerDelBello Donnellan Weingarten Wise & Wiederkehr LLP

Jonathan S. Pasternak started his career as a corporate attorney at Parker Chapin Flattau & Klimpl, LLP in 1989. Thereafter, he joined The Rattet bankruptcy law firm in 1990 and became a named partner in 1995. He served as the Rattet firm’s Managing Partner from 2004-2012.  Since January 2013, Mr. Pasternak has chaired the firm’s business bankruptcy and insolvency practice. He provides special concentration in bankruptcy, workout, business and real estate law matters throughout the New York metropolitan area. Mr. Pasternak routinely represents debtors and creditors in Chapter 11 bankruptcy, with a focus primarily on debtors and their management. Mr. Pasternak has represented such noteworthy clients such as John DeLorean, Pudgie’s Famous Chicken, Gaseteria Oil Corp., Nationwide Electronics, Circle In the Square, International Wholesale Tile, Dicanio Organization, Byram Concrete Corp., Marco Polo Capital Markets, Angelo & Maxies, San Domenico NY, and Atrinsic, Inc. in their respective Chapter 11 proceedings. Mr. Pasternak is a member of numerous national and regional bankruptcy and commercial law associations and has lectured on bankruptcy before various professional associations throughout New York and Westchester County. He has also been frequently quoted in Crain’s, The Deal and other industry publications and newspapers on various bankruptcy and related issues. He is consistently ranked as one of the 20 top bankruptcy attorneys in the United States and top 5 debtor bankruptcy attorneys by The Deal in terms of case assignment. He has been named a New York Super Lawyer every year since 2008 and consistently enjoys an AV rating by Martindale Hubbell – its highest rating. Mr. Pasternak resides in Tenafly, New Jersey with his wife and three children. He is also an avid runner, singer, guitarist and performer.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in bankruptcy and restructuring law

Course Code:
   146893

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
   1.5 CLE

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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.

Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley's business restructuring & reorganization practice group is an experienced team that possesses a deep understanding of bankruptcy principles and law, strong litigation and corporate drafting ability and solid business sense. The team is a recognized leader, playing key roles in some of the most complex and high-profile bankruptcy and restructuring cases throughout the US, UK and other countries. Cooley has 900 lawyers across 12 offices in the United States, China and Europe.

Website: cooley.com

Preti Flaherty has offices in Portland and Augusta, ME; Concord, NH; Boston, MA and Washington, DC. With nearly 100 attorneys, the firm counsels clients in the areas of business law, energy, environmental, estate planning, health care, intellectual property, labor and employment, legislative and regulatory, litigation, technology and telecommunications. More information about the firm is available at www.preti.com.

Website: http://www.preti.com/

DelBello Donnellan Weingarten Wise & Wiederkehr LLP, based in White Plains, New York, is a highly successful law firm with a strong regional presence. Located in the epicenter of metropolitan New York's suburban legal and business communities, DelBello Donnellan is one of the premier law firms in Westchester County and the Hudson Valley.

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