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Evidence and Trial Skills in Bankruptcy


Level: Advanced
Runtime: 61 minutes
Recorded Date: April 21, 2021
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Agenda

  • Best Practices for Witness Preparation
  • Expert Reports/Testimony
  • Managing a Witness’ Prior Statements
  • Judicial Notice – What, When, How Far
Runtime: 1 hour
Recorded: April 21, 2021

Description

Learn concrete trial and evidentiary skills in this lively mock examination.

This program was recorded as part of the American Bankruptcy Institute's 2021 Virtual American Spring Meeting held on April 21st, 2021.

Provided By

American Bankruptcy Institute

Panelists

Grayson Williams

Clerk
U.S. Bankruptcy Court, Northern District of Texas

Grayson Williams is a clerk with the U.S. Bankruptcy Court for the Northern District of Texas in Dallas. He previously was an articles editor for the International Law Review Association.

Mr. Williams received his B.A. in philosophy from Texas A&M University in 2017 and his J.D. in 2020 from Southern Methodist University.

E. Stewart Spielman

Partner
Hinshaw & Culbertson, LLP

E. Stewart Spielman is a partner with Hinshaw & Culbertson LLP in New Orleans and handles complex commercial loan workouts, restructurings, modifications and enforcement matters on behalf of institutional lenders, nontraditional investors and equity funds. With wide-ranging experience in the credit arena, he routinely negotiates forbearances, amendments, extensions, waivers and recapitalizations of distressed commercial financing relationships secured by many types of collateral. He also advises creditors on a variety of issues pertaining to their real estate loans, vessel loans, agented and syndicated loans, commercial and industrial loans, SBA/USDA-guaranteed loans, asset-based loans, and related products most often in the middle market. His practice also encompasses wholesale automotive and equipment floorplan financing.

Mr. Spielman is certified as a Business Bankruptcy Specialist by both the American Board of Certification and the Louisiana Board of Legal Specialization. He received his B.S. in psychology in 2000 from Louisiana State University and his J.D. and Maritime Law Certificate from Tulane University Law School in 2003.

Brian J. Koenig

Shareholder
Koley Jessen

Brian J. Koenig is a shareholder with Koley Jessen in Omaha, Neb., where he leads its bankruptcy and creditors’ rights practice and is vice chair of its Litigation Department. He has experience in complex commercial bankruptcy, litigation and trust matters, and has ben bankruptcy and litigation counsel in proceedings throughout the country for multiple publicly traded companies, privateequity firms, privately held businesses and prominent individuals. In his commercial bankruptcy and financially-distressed transactions practice, Mr. Koenig counsels a variety of clients, including creditors, debtors, bankruptcy trustees, creditor committees and post-bankruptcy investors to help them evaluate risks, minimize their exposure, maximize their recoveries, structure transactions, and cost-effectively resolve issues. He is a 2018 ABI “40 Under 40” honoree and has been recognized as a “Rising Star” by Thomson Reuters and in The Best Lawyers in America for commercial litigation and litigation - bankruptcy. In his appellate practice, Mr. Koenig has argued cases before the Nebraska Supreme Court, the Eighth and Ninth Circuit Courts of Appeals, and the Bankruptcy Appellate Panel for the Eighth Circuit, in addition to participating on the briefs in cases before the Iowa Supreme Court.

Prior to joining Koley Jessen, he clerked for the Nebraska Supreme Court. He is a frequent author and lecturer on bankruptcy and litigation topics, having presented nationally through Strafford and the TMA and locally at the Omaha Commercial Real Estate Summit. He also has written numerous articles that have been published in The Nebraska Lawyer, among other publications.

Mr. Koenig received his B.A. in 2003 in political science and history from Simpson College and his J.D. cum laude in 2007 from Creighton University, where he was editor-in-chief of the Creighton Law Review.

Jennifer M. McLemore

Partner
Williams Mullen

Jennifer McLain McLemore advises commercial creditors, business creditors, banks and credit unions in bankruptcy and bankruptcy litigation matters. She frequently represents clients in matters involving debtor-in-possession financing arrangements and asset identification and recovery matters. She also represents clients in bankruptcy litigation situations involving avoidance actions, claim objection disputes and discharge/dischargeability claims.

Jennifer has handled bankruptcy cases for numerous clients, including business owners, corporate entities and contract counterparties; commercial and retail landlords; banks and other lenders; Official Committees of Unsecured Creditors; Chapter 7 trustees; Chapter 11 trustees; and debtors.

Jennifer is listed in The Best Lawyers in America? for Bankruptcy & Creditor Debtor Rights/Insolvency & Reorganization Law (2013-present). She is listed in Virginia Super Lawyers for Bankruptcy Law (2014-present), Chambers USA for Bankruptcy/Restructuring (2021) and has been named among Virginia’s “Legal Elite” by Virginia Business for Bankruptcy/Creditors’ Rights (2011-2017, 2019-present).

Jennifer is a past chair of the International Women’s Insolvency and Restructuring Confederation (IWIRC). She founded IWIRC’s Virginia network in 2006, and, in 2012, she received the IWIRC’s Melnik Award, which is awarded to a member who has made an exceptional contribution to IWIRC, either through efforts over the past year or for the culmination of efforts over a period of years.

She currently serves on the board of the American Bankruptcy Institute (ABI) and served as co-chair of the ABI’s Southeastern Bankruptcy Workshop Advisory Board from 2019-2021. She was a member of Leadership Metro Richmond’s Class of 2016 and is a sustainer for the Junior League of Richmond.

Jennifer earned her Juris Doctor degree from the University of Richmond School of Law, where she served as an associate editor for the University of Richmond Law Review. She earned her Bachelor of Arts degree, cum laude and with university honors, from Miami University.

Hon. Hannah L. Blumenstiel

Judge
U.S. Bankruptcy Court, Northern District of California

Hannah L. Blumenstiel is a judge on the United States bankruptcy court, Northern District of California. She was appointed to the court on February 11, 2013.

From 1997 to 1998, Blumenstiel was an Assistant Attorney General with the Revenue Recovery Section of the Ohio Attorney General's Office where she "represented the State of Ohio's interests in bankruptcy cases." She was also a Law Clerk to Charles M. Caldwell from the United States bankruptcy court, Southern District of Ohio, Eastern Division from 1998 to 2001. She worked as an associate with Winston & Strawn LLP from 2001 to 2008, until she became a partner from 2008 to 2012. In 2013, she was appointed a bankruptcy judge. She also lectures on bankruptcy, commercial litigation and receivership.

Blumensteil received her undergraduate degree from The Ohio State University in 1992 and her J.D. from Capital University Law School in 1997.


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