Broadcast Date: Wednesday, April 19, 2023
from 3:00 pm to 4:30 pm (ET)

Overview:

A Chapter 11 bankruptcy involves numerous complex issues.  One of the most complex elements of a chapter 11 bankruptcy can be the treatment of executory contracts and unexpired leases.  The application of bankruptcy laws to the terms of a contract or lease can significantly alter the rights and obligations of all parties to the agreement.  A thorough understanding of how bankruptcy laws intersect with contracts and leases is critical for companies considering a chapter 11 restructuring, parties to an agreement with a financially distressed counterparty, and purchasers of bankrupt businesses, among many others. 

Join an exceptional panel of key thought leaders and practitioners assembled by The Knowledge Group as they provide a comprehensive discussion of the intersection of leases and contracts with chapter 11 corporate bankruptcy law. The panel will discuss fundamental issues associated with contracts and leases in chapter 11 bankruptcies, as well as advanced concepts and cutting-edge developments in bankruptcy law including the following:

  • What is an executory contract? An unexpired lease?
  • Assumption/assignment of executory contracts?  Unexpired leases?
  • Treatment of contracts and leases in Section 363 sale process?
  • Treatment of unique contracts, including non-assumable or non-assignable contracts, franchise agreements, partnership and LLC agreements and certain intellectual property licenses
  • Loans and other debt financing
  • Special interest and unique issues for executory contracts

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

Live Webcast

 

Prerequisite:

General knowledge of bankruptcy law

 

Course Code:

1410441

 

Total Credits:

1.5 CLE

Speaker Panel:

Richard H. Golubow, Esq., Managing Partner
Expert in Chapter 11 Reorganizations

Winthrop Golubow Hollander, LLP

Richard H. Golubow is a founder and managing partner of Winthrop Golubow Hollander, LLP, a financial restructuring, insolvency, and bankruptcy law firm headquartered in Newport Beach, California, and with offices in New York. He devotes his practice to and has extensive experience in the areas of Chapter 11 reorganizations, complex bankruptcy litigation, liquidations, out-of-court workouts, acquisitions and sales of distressed assets, Uniform Commercial Code Article 9 foreclosure sales, general assignments for the benefit of creditors, and receiverships. Richard has a diverse client base that includes representation of debtors, creditors, creditor committees, trustees, assignees for the benefit of creditors, receivers and asset purchasers in a wide range of industries. He has also been consulted and retained as a bankruptcy, insolvency and financial restructuring expert, and formally designated as a bankruptcy law expert on several occasions. Richard has been frequently honored or recognized as the recipient of bankruptcy or financial restructuring attorney awards by several leading international organizations and financial publications.

Andrew R. Remming, Partner
Bankruptcy & Restructuring Expert

Morris, Nichols, Arsht & Tunnell LLP

Andrew is experienced in a wide array of corporate restructurings and bankruptcies.  As both lead and co-counsel, Andrew has represented clients in many of Delaware’s most significant chapter 11 bankruptcy cases over the last decade.

Andrew has experience representing clients in a range of industries, including, oil and gas, pharmaceutical, casino gaming, retail, automotive, media, commercial real estate, e-commerce, alternative energy, mining, professional sports and airline, among others.

He represents debtors, ad hoc groups, DIP lenders, creditors, asset purchasers and other parties in prepackaged and traditional bankruptcies, financings and section 363 sales. He is recognized for his work in the restructuring field by industry publications including Chambers USA, IFLR1000, and Delaware Super Lawyers.

Andrew is a former judicial law clerk to the Honorable Christopher S. Sontchi of the US Bankruptcy Court for the District of Delaware.

Samuel R. Maizel, Partner
Recognized Expert in Bankruptcy Matters

Dentons

Samuel Maizel leads the Firm’s healthcare industry restructuring efforts nationwide as a partner in Dentons’ Los Angeles Office. His practice includes bankruptcy matters as well as financial restructurings, in- and out-of-court, involving a broad spectrum of industries but he is a nationally recognized expert in the unique issues that arise in the restructuring of healthcare industry entities. In chapter 11 cases, he has served as lead counsel to debtors, trustees and creditors’ committees, and has acted as a trustee, examiner, patient care ombudsman and consumer privacy ombudsman. He has also represented many buyers and sellers of assets in chapter 11 cases. In chapter 9 cases, Sam has represented local hospital districts and other governmental units, serving as debtor’s counsel and as counsel to creditors’ committees.

Before joining Dentons, Sam was a partner in a national bankruptcy firm, and previous to that, as a trial attorney in the US Department of Justice’s Commercial Litigation Branch, he represented the federal government in US bankruptcy, district and appellate courts nationwide. He also served in the US Army Judge Advocate General’s Corps, including service in Operation Desert Shield/Desert Storm, for which he was awarded the Bronze Star Medal. Previously he served as an infantry officer in the 101st Airborne Division and the 3rd US Infantry Regiment (The Old Guard).

Agenda:

Richard H. Golubow, Esq., Managing Partner

Winthrop Golubow Hollander, LLP

AND

Andrew R. RemmingPartner

Morris, Nichols, Arsht & Tunnell LLP

AND

Samuel R. MaizelPartner

Dentons

  • Defining Executory Contracts
  • Assumption/Assignment of Executory Contracts
  • Non-Assumable or Non-Assignable Contracts
  • Special Interest and Unique Issues for Executory Contracts

Date & Time:

Wednesday, April 19, 2023

3:00 pm to 4:30 pm (ET)

Who Should Attend:

  • Bankruptcy and Restructuring Lawyers
  • Banking and Finance Lawyers
  • Investment Lawyers
  • Securities Lawyers
  • Corporate Lawyers
  • Financial Executives
  • Financial Risk Management Officers
  • General Counsel

SPEAKERS

Richard H. Golubow, Esq.Managing Partner
Expert in Chapter 11 Reorganizations
Winthrop Golubow Hollander, LLP
Andrew R. RemmingPartner
Bankruptcy & Restructuring Expert
Morris, Nichols, Arsht & Tunnell LLP
Samuel R. MaizelPartner
Recognized Expert in Bankruptcy Matters
Dentons

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