Attention:
Card image cap

Decisions, Decisions: Investment Strategy


Level: Advanced
Runtime: 70 minutes
Recorded Date: August 04, 2017
Click here to share this program
Download PDF

Agenda


  • Trust Indenture Act
  • Issue Presented
  • Marblegate Asset Management LLC v. Education Management Corp.
  • BOKF, N.A. v. Caesars Entertainment Corp.
  • Marblegate Reserved
  • Key Takeaways
  • Advising Lenders and Borrowers on Make-Whole Claims in Bankruptcy
Runtime: 1 hour and 10 minutes
Recorded: August 4, 2017

Description

This panel will analyze the impact of recent decisions on investment strategy, including the use of restructuring support agreements and federal and state law remedies, as well as the litigation risk of recoveries absent a bankruptcy filing; the acceleration of debt maturities and redemption/“make whole” premiums; and the scope of ? 546(e) “safe harbor” provisions.

This program was recorded on August 4th, 2017.

Provided By

American Bankruptcy Institute
Card image cap

Panelists

Card image cap

Jeffrey N. Rothleder

Partner, Restructuring and Insolvency Practice Group
Squire Patton Boggs, LLP

Jeffrey N. Rothleder is partner in Squire Patton Boggs (US) LLP’s Restructuring and Insolvency practice group in the firm’s Washington, D.C., office, where his practice focuses on financial restructuring, corporate trust matters and workout proceedings on behalf of financially distressed companies or their creditors, including the representation of debtors, indenture trustees, creditors and creditors’ committees, investors and purchasers in in-court and out-of-court restructurings.

Mr. Rothleder represents a wide variety of clients in the enforcement of the entire spectrum of creditors’ rights involving secured, unsecured, public or private, and taxable and tax-exempt debt through his work with indenture trustees, lenders, individual creditors and official committees in chapter 11 cases. He also has experience representing debtors, including the restructuring of large companies through the chapter 11 process or conducting the orderly liquidating and comprehensive asset sales for a diverse group of companies.

Mr. Rothleder received his B.A. from the University of Michigan in 1999 and his J.D. from the University of Maryland School of Law in 2002 with honors, where he was a member of the Order of the Coif.

Card image cap

Hon. Stacey L. Meisel

Judge
U.S. Bankruptcy Court, District of New Jersey

Hon. Stacey L. Meisel is a U.S. Bankruptcy Judge for the District of New Jersey in Newark and is the first African-American selected for this position in New Jersey. Before joining the bench, she was a founding member of Becker Meisel LLC and co-chaired its bankruptcy, insolvency and creditors’ rights practice.

Prior to her appointment, Judge Meisel served on the New Jersey Panel of Bankruptcy Trustees and thrice served on the committee that recommends candidates to the Third Circuit for New Jersey bankruptcy judgeship vacancies. She also served on the New Jersey Court Registry of Mediators and the Lawyers Advisory Committee to the Board of Judges of the U.S. Bankruptcy Court for the District of New Jersey.

Judge Meisel previously served as trustee to the Association of the Federal Bar of New Jersey, on the ABI Advisory Board for the Mid-Atlantic Bankruptcy Workshop, and as chair of the 2011 Workshop Attendance Committee. She helped launch the New Jersey Bankruptcy Lawyers Foundation, volunteered with Volunteer Lawyers for Justice and served on the board of directors for Legal Momentum – The Women’s Legal Defense and Education Fund.

Judge Meisel is a co-author of the Consumer Bankruptcy Manual and the Consumer Bankruptcy Handbook, both Thomson Reuters publications. She is also serving a three-year term on the National Conference of Bankruptcy Judges’ Rules Committee, and she serves on the National Association of Women Judges’ Color of Justice Program Committee and the U.S. District Court, District of New Jersey Committee on Court Security.

Judge Meisel received her Bachelor’s degree from Rutgers The State University of New Jersey and her J.D. from Villanova University School of Law.

Card image cap

Teresa C. Kohl

Managing Director
SSG Capital Advisors, LLC

Teresa C. Kohl is a Managing Director for SSG Capital Advisors and is responsible for originating and leading investment banking transactions, as well as managing SSG’s litigation advisory practice. She has completed over 100 restructuring matters including refinancing and sale transactions for middle market companies in bankruptcy proceedings and out-of-court workouts.

Prior to her transition to investment banking, she led financial and operational restructuring engagements for boutique advisory firms. Past clients include publicly traded, privately held, private equity sponsored and family owned companies in the healthcare, retail, manufacturing, building products and financial services industries. Teresa is a frequent speaker on financial and operational restructuring issues, bankruptcy, and special situation transactions.

She serves on the Board of Directors of the American Bankruptcy Institute and as an Executive Board Member and Vice President of Conferences for the Turnaround Management Association (TMA Global). She was the first woman to lead TMA’s largest global chapter (New York City) as President and she co-founded TMA Global’s Network of Women. She also serves on the board of Living Beyond Breast Cancer, a national non-profit organization that connects people with trusted breast cancer information and a community of support. Teresa is an active member of the Association for Corporate Growth, the Association of Insolvency and Restructuring Advisors and the International Women’s Insolvency and Restructuring Confederation.

Teresa received TMA Global's Outstanding Individual Contribution Award in 2017.

Card image cap

Kevin P. Clancy

Partner
CohnReznick LLP

Kevin Clancy is a partner with CohnReznick Advisory in the Restructuring and Litigation Advisory practice.In this role, he provides financial advisory and litigation support services specializing in the areas of bankruptcy, debt restructuring, and investigative and forensic accounting. Kevin provides financial and economic analysis of insolvent and troubled companies, provides advice in turnaround and crisis situations, counsels purchasers in the acquisition of assets within the bankruptcy arena, and provides expert advice to parties in both civil and criminal litigation matters. He has more than 15 years of accounting and financial experience in both national and regional public accounting firms and in the private sector.

Kevin has been involved in dozens of complex forensic accounting and financial investigatory matters. He has represented various official committees in bankruptcy proceedings including unsecured creditors, reclamation creditors, and asbestos property damage creditors and has been qualified as, and testified as, an expert in numerous bankruptcy courts throughout the United States and in state courts.

He has represented court-appointed trustees, receivers, and examiners and has been involved in a large number of high profile cases including TOUSA, Yellowstone, Ginn/St. Lucie, Chemtura, Fleming Foods, Federal Mogul, Pittsburgh Corning, Wall Street Deli, ICH (Arby’s), Enron, and WorldCom. He has written articles on bankruptcy-related topics and financial fraud issues and has spoken before various professional organizations.

With extensive knowledge of the healthcare industry and healthcare insolvency matters, Kevin has been involved in some of the most complex bankruptcies and restructuring cases in the industry. These have involved issues such as health insurance fraud investigations, sale-leaseback transactions, and bankruptcy remote vehicles. He also has significant experience in the financial services, telecommunications, distribution, and real estate development industries.


Card image cap

Similar Courses

Card image cap
97 minutes
26 Words that Created the Internet - Basics of the Communications Decency Act Section 230 Safe Harbor
This program will examine the basics of CDA 230 and its day to day affect for those who advise internet businesses as well as those who litigate against them. It will give practical guidance as to what extend internet companies can or should edit or censor the information their users contribute to their sites and to what extent those users will actually be liable.

New Media Rights

$115

Add to Cart
Card image cap
76 minutes
360-Degree of Investigation - A Roundtable Discussion Regarding Investigations of Debtors and Recovery of Assets
This panel of lawyers and insolvency professionals with bankruptcy expertise will lead a roundtable discussion regarding investigation of debtors and recovering assets to enhance the value of a bankruptcy estate.

American Bankruptcy Institute

$95

Add to Cart
Card image cap
63 minutes
360-Degree View on How to Navigate a Crisis
During this session, our panel of experts will explore the following topics to arm you with a plan to protect the company and minimize long-term problems: - Building a crisis management team and understanding each person’s unique role -Preparedness – advance planning and assessing potential risk areas - First Response – responding in the critical first hours and days to minimize the long-term impact - Resolution Strategy – managing various actions stemming from the crisis to enable the best resolution for the company.

Women, Influence & Power in Law Conference

$65

Add to Cart
Card image cap
63 minutes
40 Years of Data: What the Data on the Industry Says About Its Future
For 40 years, The American Lawyer, its affiliate publications and ALM Intelligence’s Legal Compass have been collecting data on law firms, clients and providers. What does the data tell us about where the industry is headed? We will take a deep dive into our data and others’ to assess the state of the industry and its future.

Legalweek

$65

Add to Cart
Previous Next