Attention:

Bankruptcy Litigation


Level: Advanced
Runtime: 76 minutes
Recorded Date: May 22, 2019
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Agenda


  • Equitable Mootness
  • Cases Dismissed as Equitably Moot
  • Cases Refusing to Dismiss for Equitable Mootness
  • Extraterritorial Application of Avoidance Powers
  • The Use of Market Evidence in Valuation Disputes
Runtime: 1 hour and 16 minutes
Recorded: May 22, 2019

Description

The panelists will provide a Section 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).

This program was recorded as part of ABI's New York City Bankruptcy Conference on May 22nd, 2019.

Provided By

American Bankruptcy Institute

Panelists

Chris Gartman

Partner
Hughes Hubbard & Reed LLP

Chris Gartman is a partner in Hughes Hubbard's Corporate Reorganization & Bankruptcy group, where he focuses on bankruptcy, restructuring and commercial litigation.

Chris' diverse practice includes the representation of financial institutions, debtors and creditors in a wide range of matters, including asset sales and acquisitions, in- and out-of-court restructurings, as well as lender liability, breach of contract, tort and avoidance actions.

In 2019, Chris was recognized by Turnarounds & Workouts as an Outstanding Young Restructuring Lawyer—an honor bestowed upon only 12 bankruptcy lawyers nationwide. In 2018, he was selected for inclusion in the American Bankruptcy Institute’s “40 Under 40” program on the basis of his outstanding professional achievements in the restructuring industry. Chris has been repeatedly named a “Rising Star” by Super Lawyers.

James Donnell

Partner
Baker & McKenzie, LLP

James Donnell is a partner in Baker McKenzie's Restructuring & Insolvency Group in New York. Mr. Donnell has over 30 years of experience representing lenders, creditor committees, and debtors in bankruptcies and out-of-court restructurings. He is particularly seasoned in energy-related restructurings. He was recognized as a Super Lawyer in Bankruptcy and Creditor/Debtor Rights by Texas Monthly, 2004-2009, and as a New York Super Lawyer, 2010-2016 and 2018.

Mr. Donnell has received the highest rating from Martindale Hubbell, "AV," indicating a "Very High to Preeminent" legal ability. Mr. Donnell focuses on corporate restructuring and bankruptcy work, representing private investment funds, commercial banks and companies reorganizing under Chapter 11. His work for these clients has consisted primarily of restructuring and bankruptcy matters, but has also included distressed mergers and acquisitions of portfolio companies. He also represents officers and directors of companies facing Chapter 11.

His litigation experience includes successful fraudulent conveyance suits against the FDIC (on behalf of FirstRepublic, Bank of New England, and FirstCity), Chesapeake Energy (on behalf of Seven Seas) and the FCC (on behalf of General Wireless) ; successful suit against Ally Financial to impose a non-consensual guaranty and subordination (on behalf of Wells Fargo).

G. David Dean

Member
Cole Schotz, P.C.

G. David Dean is a member of both the Bankruptcy & Corporate Restructuring and Litigation Departments, resident in the firm’s Wilmington, Delaware office. David focuses in the areas of complex Chapter 11 bankruptcy restructuring and litigation primarily in the Delaware Bankruptcy Court.

David regularly serves as lead counsel to debtors, official committees of unsecured creditors, and other major parties in Chapter 11 bankruptcy cases. David has also been appointed by the Office of the U.S. Trustee to serve as a Chapter 11 trustee. In these roles, David utilizes a unique combination of substantive bankruptcy knowledge and, when appropriate, superior litigation and trial skills allowing him to lead any type of bankruptcy matter with the utmost efficiency and effectiveness. He also works successfully with financially troubled clients to avoid bankruptcy or litigation before it arises. He has represented clients in a variety of industries including technology, manufacturing, real estate, retail, health care, advertising, events and entertainment. David also works as Delaware co-counsel on behalf of clients in a variety of cases.

At Cole Schotz, David plays an integral role in managing the Bankruptcy & Corporate Restructuring practice by serving as Co-Deputy Chair. David takes pride in mentoring associates and junior partners in the firm and is heavily involved in the firm’s mentoring program. He is also an active member of the American Bankruptcy Institute, where he is a member of the advisory board for the organization’s yearly Mid-Atlantic conference.

David gives back to the community through his pro bono representations in which he assists individuals in navigating through difficult legal matters on a pro se basis. His representations have included assisting a client in Delaware Family Court with a substantial litigation regarding a guardianship, as well as helping clients file for Chapter 7 bankruptcy.

David has been recognized for his work by Chambers USA and Best Lawyers in America. He was previously named a rising star by Super Lawyers and was named in M&A Advisor’s “40 Under 40 Legal Advisors.” See Award Methodology.

Philip Bentley

Partner
Kramer Levin Naftalis & Frankel LLP

Philip Bentley litigates complex bankruptcy and insolvency disputes on behalf of a diverse group of clients, including official creditors and equity committees, unofficial creditor groups, and trustees. Over the past two decades, Phil has prosecuted or defended high-profile litigation in some of the nation’s largest and most significant Chapter 11 cases, including Energy Futures Holdings, Residential Capital, General Motors, Adelphia Communications, WorldCom and Dow Corning.

In addition to his work on behalf of clients, Phil serves on the Policy Committee of Human Rights Watch.

Michael Luskin

Partner
Luskin, Stern & Eisler, LLP

Michael Luskin represents financial institutions in commercial litigation in state and federal courts, including bankruptcy courts, across the country. Much of his work involves enforcing a creditor’s rights under the Bankruptcy Code or defending a creditor against “lender liability,” fraudulent conveyance or preference claims brought by a creditors’ committee or bankruptcy trustee. He also has substantial experience representing creditors in loan restructurings and out of court workouts and representing trustees and examiners in cases presenting complex litigation issues. Michael is a Fellow of the American College of Bankruptcy and has been recognized as a leading bankruptcy lawyer by Chambers USA: America’s Leading Lawyers for Business in each year since 2001. He is also recognized by Super Lawyers and Best Lawyers.

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