Broadcast Date: Tuesday, September 20, 2022
from 12:00 pm to 2:00 pm (ET)
Overview:
The recent months have seen an uptick in bankruptcy filings as a continued result of the economic distress brought by the COVID-19 pandemic. With the increasing concerns for inflation, rising interest rates, labor shortages, and market volatility, access to bankruptcy protection is indispensable, especially for financially distressed companies. While taking refuge from the debt crisis doesn’t come without a cost, reorganization under Chapter 11 of the Bankruptcy Code offers a viable way for many businesses to have a fresh start and get back on track. However, businesses must still be wary of the potential drawbacks amid the shifting regulatory climate of bankruptcy law.
A panel of key thought leaders and practitioners assembled by The Knowledge Group will provide an insightful discussion of the fundamental updates on Chapter 11 bankruptcy. The speakers will also highlight critical issues, challenges, and best practices in filing for a reorganization plan.
Key topics that will be covered in this discussion are:
- Chapter 11 Bankruptcy: Trends and Statistics
- Restructuring Market: Who’s Feeling the Pinch?
- Critical Issues and Challenges
- Filing a Reorganization Plan
- Regulatory Outlook
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of bankruptcy law
Course Code:
1410095
NY Category of CLE Credit
Total Credits:
2.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
David W. Ross, Partner
Bernstein-Burkley, P.C.
Bankruptcy & Restructuring Partner, David. W. Ross has a long and outstanding reputation in his field, and has extensive experience in bankruptcy & insolvency matters, creditors’ rights, commercial & residential real estate, and commercial litigation. He has represented clients in many industries, including energy, steel, coal, hospitality, health care, professional sports, golf, manufacturing, food, retail, construction, agricultural, and local tax collection. He has also represented various financial institutions, municipal creditors and lenders in numerous sheriff’s sale and foreclosure proceedings.
Frank J. Guadagnino, Associate
McGuireWoods LLP
Frank focuses his practice on representing corporate debtors, secured and unsecured creditors, committees, equity holders in chapter 11 cases across the country in connection with a wide variety of matters, including section 363 asset sales and debtor-in-possession financing transactions, as well as in receiverships and other out-of-court restructurings and workouts. Frank has worked on matters in a variety of industries, but has significant depth of experience in the healthcare, automotive, and energy sectors. Frank also regularly defends creditors and other stakeholders in bankruptcy-related contested matters and adversary proceedings, including preference and fraudulent transfer litigation.
Mark D. Podgainy, Managing Director
Getzler Henrich & Associates LLC
Mark D. Podgainy, managing director, has more than 20 years of experience in operational roles and consulting in a variety of industries. His areas of expertise include transaction advisory services, business plan analysis, performance improvement, cash and vendor management, and interim management services. He has also worked with law firms on forensic and litigation support assignments. His clients have included companies, secured lenders boards of directors and creditors’ committees. His assignments have primarily been in the hospitality, real estate, education, consumer products, apparel and textile, building products, food, services, and retail sectors.
Andrew R. Remming, Partner, Bankruptcy & Restructuring
Morris, Nichols, Arsht & Tunnell LLP
Andrew represents debtors, creditors and other parties in complex business bankruptcy cases and out-of-court restructurings.
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.
Andrew is a former judicial law clerk to the Honorable Christopher S. Sontchi of the US Bankruptcy Court for the District of Delaware.
Agenda:
SEGMENT 1:
David W. Ross, Partner
Bernstein-Burkley, P.C.
- How rising interest rates will impact bankruptcy filings.
- Will we see more sale or reorganizations?
- What are the benefits of Subchapter 5 and who qualifies?
- Supply chain issues and Chapter 11
- Office space and what to do with it
SEGMENT 2:
Frank J. Guadagnino, Associate
McGuireWoods LLP
- DIP Financing
- Types of DIP Loans and Common Terms and Conditions
- Latest Trends Including Rollups and Equity Conversions
- Adequate Protection and Other Key Issues
- Common Committee Objections
SEGMENT 3:
Mark D. Podgainy, Managing Director
Getzler Henrich & Associates LLC
- Mass Tort Bankruptcies
- Overview
- Role and controversy surrounding future claims representative
- The “Texas Two Step” – controversial transfer of liabilities prior to a bankruptcy filing
- Third party releases - recent developments in mass tort cases
SEGMENT 4:
Andrew R. Remming, Partner, Bankruptcy & Restructuring
Morris, Nichols, Arsht & Tunnell LLP
- Delaware courts
- Uptier Litigation (Trimark)
- Cryptocurrency
Date & Time:
Tuesday, September 20, 2022
12:00 pm to 2:00 pm (ET)
Who Should Attend:
- Bankruptcy & Restructuring Lawyers
- Banking & Finance Lawyers
- Commercial Litigation Lawyers
- Corporate Lawyers
- Finance Auditors
- Finance Analysts
- Financial Reporting Professionals
- General Counsel
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