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Indentured Trusts in the Bankruptcy Process


Level: Advanced
Runtime: 63 minutes
Recorded Date: April 13, 2021
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Agenda

  • Rights and Duties of Indenture Trustees
  • Limitation Upon Default - Direction from Holders, Personal Claims vs Noteholder Claims
  • Indenture Trustee Remedial Standing Prior to Default

Runtime: 1 hour, 3 minutes
Recorded: April 13, 2021

Description

This panel of legal experts and indenture trustees will discuss current insolvency-related corporate trust issues, including pre- and post-default rights, standing to pursue litigation claims, disparate treatment among bondholders and other creditors of equal priority, conflicts between majority and minority bondholders, and settlement mechanics inside and outside of bankruptcy.

This program was recorded as part of the American Bankruptcy Institute's 2021 Virtual American Spring Meeting held on April 13th, 2021.

Provided By

American Bankruptcy Institute

Panelists

James J. McGinley

Senior Managing Director
Ankura Consulting Group, LLC

James McGinley is a Senior Managing Director at Ankura Consulting Group, LLC in Fairfield, NY, and has far-reaching experience in relationship-management, corporate trust and restructurings in which he has represented bondholders in distressed situations and Chapter 11 cases. He has developed several business lines for global financial institutions and served on many of the most significant unsecured creditors’ committees in recent history.

Mr. McGinley is a member of ABI, the Loan Syndications & Trading Association and the Turnaround Management Association. He received his B.S. in business management from St. John’s University and is a graduate of the Xerox International Center for Sales Training and Management Development.

Seth H. Lieberman

Partner
Pryor Cashman LLP

Seth H. Lieberman is a partner with Pryor Cashman LLP in New York and co-chairs both its Bankruptcy, Reorganization Creditors’ Rights Group and its Corporate Trust Practice. He is a restructuring attorney and litigator, and represents clients ranging from indenture trustees and agents to distressed-debt funds, trade creditors and landlords. He also helps lead one of the most well-known and highly regarded default-side corporate trust practices.

Mr. Lieberman often writes on or speaks about the latest bankruptcy trends, including make-whole provisions, limitations on credit bidding, and bankruptcy court jurisdictional nuances.

Mr. Lieberman received his B.A. magna cum laude in 1999 from James Madison University and his J.D. cum laude from Benjamin N. Cardozo School of Law at Yeshiva University in 2004.

Daniel B. Besikof

Partner
Loeb & Loeb LLP

Daniel B. Besikof is a partner with Loeb & Loeb LLP in New York and represents a wide variety of stakeholders in chapter 11 bankruptcy proceedings, corporate restructurings and liquidations, including debtors, lenders, administrative and collateral agents, indenture trustees, lessors, lessees, licensors, licensees, trade creditors, committees, investors and chapter 7 and liquidating trustees. His practice also focuses on representing defendants in bankruptcy-related litigation, including avoidance actions.

Mr. Besikof advises clients in commercial litigation matters and has represented lenders and agents in the negotiation and documentation of secured and unsecured credit facilities involving term loans, revolving lines of credit and letters of credit. Prior to joining Loeb & Loeb LLP, he was an associate at Luskin, Stern & Eisler LLP.

Mr. Besikof has been named a “New York Metro Rising Star” in Bankruptcy & Creditor/Debtor Rights by Thomson Reuters (2011-15 editions) and is rated AV-Preeminent by Martindale-Hubbell. He is a member of the Turnaround Management Association, ABI, the Association of the Bar of the City of New York and the Barry L. Zaretsky Roundtable Steering Committee Mr. Besikof is admitted to the Bars of New York and Minnesota, and before the U.S. District Courts for the Southern and Eastern Districts of New York, as well as the U.S. Supreme Court.

Mr. Besikof received his B.S. in 2000 from the University of Wisconsin and his J.D. in 2004 from Brooklyn Law School, where he received the American Bankruptcy Law Journal Student Prize. Following law schoool, he was a judicial jntern for Hon. Elizabeth Stong of the U.S. Bankruptcy Court for the Eastern District of New York.

Beth M. Brownstein

Partner
Arent Fox LLP

Beth M. Brownstein is a partner in Arent Fox LLP’s Financial Restructuring and Bankruptcy group in the firm’s New York office. She represents committees of unsecured creditors and retired employees, secured creditors, indenture trustees, bondholder and noteholder groups, DIP lenders and other entities in chapter 11 proceedings and out-of-court restructurings, including in indenture trustee enforcement litigation.

Over the last several years, Ms. Brownstein has played a lead role in some of the most significant corporate reorganizations in the U.S., including the chapter 11 cases of Caesars Entertainment Operating Co. Inc., Claires Stores Inc., Cenveo Inc., Vantage Drilling Co., Cengage Learning Inc. and Eastman Kodak Company. She also represented indenture trustees in enforcement litigation involving Algeco Scottsman Global Financial PLC, Merrimack Pharmaceuticals Inc. and BankAtlantic Bancorp, Inc.

Immediately prior to joining Arent Fox, Ms. Brownstein clerked for Hon. Allan L. Gropper and Hon. Prudence Carter Beatty, both U.S. Bankruptcy Judges for the Southern District of New York. She received her B.B.A. with honors from the University of Michigan, her M.B.A. cum laude from the University of Miami and her J.D. cum laude from the University of Miami School of Law.


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