Attention:

Best Practices in Settlements After Jevic


Level: Advanced
Runtime: 58 minutes
Recorded Date: April 20, 2018
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Agenda

10:00 am - 11:00 am
  • Supreme Court Reversal of Jevic
  • End to Priority-Skipping Distributions
  • Effect of Supereme Court's Decisions on Chapter 11 Practice
  • In re Constellation Enterirpses LLC
  • In re Short Bark Industries, Inc.
Runtime: 58 minutes
Recorded: April 20, 2018

Description

The Supreme Court’s opinion in Jevic limited the options available to effectuate settlements, particularly over the objection of impacted parties. This panel will discuss creative approaches to implementing settlements and disposing of cases, with a special focus on cases where objecting parties are seeking to prevent settlement.

This program was recorded on April 20th, 2018.

Provided By

American Bankruptcy Institute

Panelists

Jeffrey N. Pomerantz

Partner
Pachulski, Stang Ziehl & Jones LLP

Mr. Pomerantz is a member of the firm's management committee, a co-chair of the firm's creditors' committee practice, and resident in the firm's Los Angeles office. Mr. Pomerantz sits on the Executive Committee of the American Bankruptcy Institute, the largest restructuring organization in the United States, and served as its President from April 2016-2017. His practice includes representing companies, creditors' committees, and private equity funds in complex financial restructurings and merger-and-acquisition transactions both in and out of court. Mr. Pomerantz has particular expertise in restructurings in the energy, manufacturing, restaurant and retail sectors. He also frequently represents private equity funds in asset- acquisition transactions.

Mr. Pomerantz is a graduate of New York University (1986 Phi Beta Kappa), where he also received his J.D. (1989, Order of the Coif). He holds an AV Preeminent Peer Rating, Martindale-Hubbell's highest recognition for ethical standards and legal ability; has been named a "Super Lawyer" in the field of Bankruptcy & Creditor/Debtor Rights every year since 2009 in a peer survey conducted by Law & Politics and the publishers of Los Angeles magazine, an honor bestowed on only 5% of Southern California attorneys; and was selected by "Best Lawyers in America." Mr. Pomerantz has also been recognized as an outstanding lawyer by the preeminent publication Chambers USA every year since 2007.

Eve H. Karasik

Partner
Levene, Neale, Bender, Yoo & Brill, LLP

Eve H. Karasik is a Partner at Levene, Neale, Bender, Yoo & Brill in Los Angeles, California. She focuses her national practice on corporate restructuring and bankruptcy, including representation of Chapter 11 debtors, unsecured creditor and equity committees, trustees, secured and unsecured creditors, and parties involved in bankruptcy litigation and appeals.

Her prior debtor engagements include Imperial Capital Bancorp, Inc. (San Diego, CA), Utah 7000, LLC (Salt Lake City, UT), Falcon Products, Inc. (St. Louis, MO), Clark Retail Group (Chicago, IL), and U.S. Aggregates, Inc. (Reno, NV). Creditor and equity committee cases include Circus and Eldorado Joint Venture (Reno, NV), Riviera Holdings Corporation (Las Vegas, NV), Eurofresh, Inc. (Phoenix, AZ), USA Capital First Trust Deed Fund (Las Vegas, NV), Aladdin Gaming, Inc. (Las Vegas, NV), and Amerco (Reno, NV).

Ms. Karasik served as Trustee's counsel in SIPA liquidations (W.S. Clearing, Inc.) (Los Angeles, CA), Examiner's counsel in Fontainebleau Las Vegas Holdings, LLC (Miami, FL), and counsel to Bankruptcy Code Section 524(g) Settlement Trust (Reno, NV). Ms. Karasik received the Century City Bankruptcy Attorney of the Year (2015) and the Turnaround Management Association "2007 Large Company Transaction of the Year" award. Ms. Karasik serves as a board member of the American Bankruptcy Institute and of the Los Angeles Bankruptcy Forum, and is a member of several other professional organizations.

Hon. Kevin Gross

Bankruptcy Judge
U.S. Bankruptcy Court District of Delaware

Hon. Kevin Gross is a Bankruptcy Judge with the U.S. Bankruptcy Court for the District of Delaware in Wilmington, appointed on March 13, 2006. He served as Chief Judge from July 1, 2011, to June 30, 2014.

Previously, he practiced general litigation, representing shareholders, and was a director for Rosenthal, Monhait & Goddess PA in Wilmington, Del., which he joined in 1985. He most recently served as an ombudsman for the U.S. District Court from 1977-2006 and was a member of the Board of Professional Responsibility of the Delaware Supreme Court from 2005-06. He was also the chair of the Advisory Committee for the U.S. District Court of Delaware from 1995-2005. Judge Gross has been listed several times in The Best Lawyers in America and was awarded the first annual Caleb R. Layton III Service Award by the district court in 1996. Judge Gross’s recent cases include Nortel Networks Corp., Los Angeles Dodgers, NewPage Corp., Friendly’s Ice Cream Corp., Boscov’s, Pierre Foods, Mervyn’s Holdings, Sharper Image, Cadence Industries, Dynamerica Manufacturing, Intermet Corp., Aventine Renewable Energy, Fisker, Tuscany Holdings, Greenfield Energy, Trump Entertainment, Magnum Hunter, Emerald Oil and DexMedia.

A former clerk for the Delaware Court of Chancery, he received his bachelor’s degree in psychology from the University of Delaware in 1974 and his J.D. in 1977 from American University Washington College of Law, where he served on its law review.

Daniel F. Dooley, CTP

CEO
MorrisAnderson

Dan Dooley is a Principal and CEO of MorrisAnderson where he manages the firm’s distressed business consulting practice. He is an accomplished crisis manager, business operator, and debt restructurer. Dan is well known nationally within the professional community focused on distressed companies and insolvency. He is a frequent speaker at industry conferences of the Turnaround Management Association and American Bankruptcy Institute on distressed and underperforming businesses and a regular author for industry periodicals.

Dan has successfully managed numerous projects for middle market companies and assumed dozens of interim management positions as CEO, CRO, and CFO for client companies nationwide. During his career, he has negotiated numerous transactions involving debt restructuring, supplier accommodations, and business sales.

Dan excels in the development and implementation of cost reduction and restructuring plans as well as restructuring negotiations between companies and their creditors. He educates company ownership and management on realistic business plans, implementation of cost and liquidity improvements and effective end-game strategies for clients. Dan collaborates effectively with management on issues related to turnaround, restructuring plans, and business sales.

Prior to joining MorrisAnderson in 1997, Dan served as an executive with several Fortune 500 manufacturers including Illinois Tool Works (ITW), an industrial manufacturer, and Allied Signal, an automotive electronics and aerospace manufacturer. He has served on the Board of Directors and been a key advisor to small and large corporations and non-profit organizations.

Dan is a Certified Turnaround Professional (CTP). He holds a Bachelor’s degree in Business Administration and an MBA in Finance, both from the Carlson School of Management at the University of Minnesota in Minneapolis. Dan is on the Board of Directors of the American Bankruptcy Institute and was previously on the Board of the Turnaround Management Association as well as president of the 1,000 member Chicago chapter.


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