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An LLC's Path Through Chapter 11

Level: Advanced
Runtime: 55 minutes
Recorded Date: December 07, 2018
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  • LLC Basic Concepts
  • Membership Interest
  • Disposition Issues
  • Secured Creditors' Rights Issues - Impacting LLC's
  • Charging Orders
  • Authority to File Chapter 11
Runtime: 55 minutes
Recorded: December 7, 2018


Limited liability companies did not exist when the Bankruptcy Code was enacted. Case law related to LLCs and bankruptcy is conflicting and sometimes confusing. This panel will discuss the unique issues related to LLCs and bankruptcy law.

This program was recorded on December 7th, 2018.

Provided By

American Bankruptcy Institute
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George E. Zobitz

Cravath, Swaine & Moore, LLP

Jed Zobitz is the Managing Partner of Cravath’s Corporate Department. He works in all areas of the Firm’s corporate practice. Currently, his practice focuses on complex syndicated loan transactions, including acquisition and leveraged finance and asset-based lending, as well as securities, mergers and acquisitions and general corporate representations.

Mr. Zobitz has represented JPMorgan Chase Bank and Credit Suisse in numerous financings. He has also represented many borrowers, including Mylan, WestRock, Ashland, Qualcomm, Crown Castle, Blount, Valvoline and ITT Educational Services. In addition to financing transactions, Mr. Zobitz has worked on mergers and acquisitions and general corporate matters for companies such as UAL Corporation, Millipore, Alcon, Johnson & Johnson, Brink’s, Qualcomm, Dassault Syst?mes, Amblin Partners and Blount.

Mr. Zobitz has been repeatedly recognized as one of the country’s leading practitioners in banking and finance by, among others, Chambers USA, Chambers Global, The Legal 500, IFLR1000 and PLC Which Lawyer? He has also been recognized for his work in bankruptcy law by The Best Lawyers in America. Mr. Zobitz has been recognized by The Legal 500 for his transactional work in the technology industry, for his transactional work in the telecoms and broadcast industry, for his work in municipal bankruptcy and for his work in trade secrets.

Mr. Zobitz was born in New York, New York. He received a B.A. from Franklin & Marshall College in 1991 and a J.D. cum laude from New York University in 1995. He joined Cravath in 1995 and became a partner in 2003.

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Erin R. Fay

Bayard, P.A.

Erin R. Fay is a director at Bayard and focuses her practice on corporate bankruptcy and restructuring. She represents debtors, committees, lenders, creditors, and other parties in complex business bankruptcy proceedings and out-of-court restructurings. Erin represents clients across a range of industries, including retail, energy, healthcare, medical devices, and financial services. Her experience further includes preparing companies for Chapter 7 filings and representing foreign representatives in Chapter 15 proceedings. Erin also has experience representing assignees in assignments for the benefit of creditors under Delaware law in the Delaware Court of Chancery.

Erin clerked for the Honorable Brendan L. Shannon, the Honorable Kevin Gross, and the Honorable Peter J. Walsh of the United States Bankruptcy Court for the District of Delaware. Erin graduated from the University of Wisconsin Law School and was inducted into the Order of the Coif. While in law school, Erin interned for the Honorable Shirley S. Abrahamson of the Wisconsin Supreme Court, participated in moot court, and participated on the Wisconsin International Law Journal. Prior to law school, Erin graduated summa cum laude with a B.A. in English and Political Science from the University of Wisconsin – Stevens Point.

Erin is a member of the Federal Bar Association, the American Bar Association, the American Bankruptcy Institute, and the International Women’s Insolvency & Restructuring Confederation. From 2017 to 2019, Erin was selected by Super Lawyers? as a Rising Star in the practice area of business bankruptcy. Erin was also recognized by Chambers USA in 2019 for her work in bankruptcy and restructuring in Delaware.

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James E. Bird

Senior Partner

James Bird assists clients in making informed decisions and devising effective solutions concerning their financial situation and business goals. For more than 30 years, James has worked diligently to provide clients with legal guidance they can trust and depend on.

James has significant national experience representing debtor corporations, secured lenders, official committees of unsecured creditors, debenture holders, shareholders, employees, landlords, asset purchasers, and trustees. A broad spectrum of industries, including health care, insurance, real estate, trucking, manufacturing, agriculture (as well as farm cooperatives), service, retail, and nonprofits, routinely look to James for guidance and representation.

James received his JD with honors from Washburn University School of Law.

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Douglas A. Bates

Clark Parkington Hart Larry Bond & Stackhouse, P.A.

Douglas (“Doug”) Alan Bates, is proud to practice in the same town where he was born and raised. Living and working in Pensacola allows Doug to interact with lifelong friends on a daily basis, and allows him to serve as a trusted advisor to regional and Fortune 500 businesses that share his values of hard work, dedication, and personal service. Doug remains mindful that the opportunity to serve clients in his hometown is a great privilege, one that he never takes for granted. Doug’s practice is focused on commercial and real estate litigation, as well as bankruptcy and creditors’ rights matters.

Doug has handled insolvency matters, distressed business situations and special asset cases across the state of Florida and the United States. As a Chambers USA-recognized attorney, Doug’s peers recommend him as an “exceedingly well-regarded, very talented litigator and bankruptcy lawyer” who is “efficient, creative and business-oriented.”

Doug is an active member of the Business Law Section of The Florida Bar, serving on the Section’s Executive Council. Doug is also a member of The Florida Bar Standing Committee on Student Education and Bar Admissions, as well as numerous other local, statewide, and national organizations.

Doug supports and is actively involved with Pensacola State College, Pensacola Sports, the Pensacola Chamber of Commerce, First United Methodist Church, and is the President of the Pensacola State College Foundation Board of Governors. He also enjoys playing golf, coaching youth sports, and spending time with his family.

Doug is licensed to practice in all Florida State Courts, as well as the United States District Court for the Northern, Middle, and Southern Districts of Florida. In addition, Doug is authorized to practice in all United States Bankruptcy Courts in Florida.

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