Attention:

How Will Jevic Change Chapter 11 Practice?


Level: Advanced
Runtime: 54 minutes
Recorded Date: August 23, 2017
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Agenda


  • Chapter 11 Primer
  • Overview of Jevic
  • Important Underlying Facts
  • Procedural History of the Case
  • Issue the 3rd Circuit Considered on Appeal
  • The Supreme Court Ruling
  • Implications of the Decision on Future Chapter 11's?
  • What Might Have Done Differently in the 9019 Settlement?
  • Overview of Czyzewski v. Jevic Holding Corp. (2017)
Runtime: 54 minutes
Recorded: August 23, 2017

Description

This panel features leading professionals in the chapter 11 practice area who were directly involved in the Jevic chapter 11 case, as well as a distinguished retired bankruptcy judge. This session will cover the underlying Jevic chapter 11 case, the Supreme Court’s opinion in Jevic and its impact on chapter 11 practice, and strategic alternatives in light of the decision.

This program was recorded on August 24th, 2018.

Provided By

American Bankruptcy Institute

Panelists

René S. Roupinian

Partner
Outten & Golden LLP

Ren? S. Roupinian is a Partner of the firm and Co-Chair of the Worker Adjustment and Retraining Notification (WARN) Practice Group, and a member of the firm’s Class Action Practice Group.

Since 2002, Ms. Roupinian has devoted 100% of her practice to the litigation of WARN cases, representing tens of thousands of employees who were terminated without sufficient notice in violation of federal and state WARN laws. The firm’s WARN practice is national and its WARN cases have and continue to cover a wide range of industries, including telecommunications, transportation, retail, mining, mortgage and manufacturing. A majority of the cases Ms. Roupinian litigates are initiated as class actions and are frequently filed in bankruptcy court as adversary proceedings.

Ms. Roupinian has been quoted on WARN law rights and her cases have been cited in such publications as the Wall Street Journal, the New York Times, American Lawyer, Associated Press, USA Today, Forbes, Newsday, Times-Gazette, The Herald News, and others. In May 2008, Ms. Roupinian, her colleague Jack A. Raisner and their client, Joe Aguiar, were invited to submit testimony before the U.S. Senate’s Health, Education, Labor and Pensions (HELP) Committee by Senator Kennedy (Chair) about the WARN Act, on the 20th anniversary of its enactment, and its possible reform. Mr. Aguiar testified before the Committee.

Ms. Roupinian received her BA in 1989 from the University of Michigan and her JD in 1994 from Michigan State University College of Law where she was a member of the Moot Court Executive Board. She joined Outten & Golden LLP in August 2007 after representing employees in WARN Act cases at another New York firm. Prior to 2002, she was a partner in a Detroit law firm where she litigated ADA, FMLA, ADEA and race and gender discrimination cases on behalf of employees and class actions on behalf of homeowners, consumers and taxpayers. She has argued before the Michigan Court of Appeals and the Michigan Supreme Court.

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.

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.

Honorable Robert E. Gerber

United States Bankruptcy Judge
Southern District of New York

Honarable Robert E. Gerber is a United States Bankruptcy Judge for the Southern District of New York. Since his appointment to the bench 10 years ago, Judge Gerber has presided over a wide variety of chapter 11, chapter 7, chapter 15, section 304 and SIPA cases - including PSINet, Ames Department Stores, Global Crossing, Adelphia, Basis Yield Alpha Fund, Lyondell Chemical, BearingPoint, DBSD North America, Chemtura and General Motors.He earned a B.S. degree in industrial engineering, with high honors, from Rutgers University (from which he graduated in 1967), and a J.D. degree, magna cum laude, from Columbia Law School, from which he graduated in 1970, and where, among other things, he was a James Kent Scholar. Before going on the bench, he practiced with the firm of Fried, Frank, Harris, Shriver & Jacobson, specializing in securities and commercial litigation and, thereafter, bankruptcy litigation and counseling. Except for a period of service in the United States Air Force, in 1971 and 1972, he was with Fried Frank for 30 years, 22 as a partner. He is a contributing author to Collier on Bankruptcy, and a Fellow of the American College of Bankruptcy.


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