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Not So Free, Not So Clear: An Ethical Walk Through Asset Sales


Level: Advanced
Runtime: 58 minutes
Recorded Date: April 11, 2019
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Agenda


  • Section 363(f) - Successor Liability Exceptions
  • Section 363(n) - The Statutory Prohibition Against Collusion in Bankruptcy Sales
  • Statute of Limitations
  • Breaking Down the Elements of Section 363(n) Collusion
  • Illustrative Collusion Cases Under Section 363(s)
  • Hypothetical #1: Pit & Pendulum LLC
  • Hypothetical #2: BlueStar Airlines
Runtime: 1 hour
Recorded: April 11, 2019

Description

This panel uses hypotheticals to discuss the ethical problems facing counsel and their clients in Section 363 sales including collusion, abuses during due diligence, and successor liability.

This program was recorded as part of ABI's Annual Spring Meeting on April 11th, 2019.

Provided By

American Bankruptcy Institute
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Panelists

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Cynthia Romano

Global Director, Restructuring and Dispute Resolution Practice
CohnReznick LLP

Cynthia Romano is a Global Director of CohnReznick Advisory's Restructuring and Dispute Resolution Practice. She has more than 25 years of experience in performance improvement, turnaround management, transaction support, and investment analysis.

Cynthia guides companies from where they are to where they want to be - whether in need of a tune up or in significant distress. Partnering with CxO level management, her goal is to help companies transform their bottom line to maximize value for owners, investors and other stakeholders. Cynthia’s areas of expertise include liquidity management, profit improvement through operational restructuring, organizational and process redesign, capital sourcing, and business and creditor workout/management.

Before joining CohnReznick, Cynthia managed various restructuring practices and clients including as Partner at CR3 Partners, CEO of Chrysalis Management, Managing Director at CRG Partners, and Manager in Bain’s Corporate Renewal Group. She also founded and served as CEO of a technology company and was a Financial Analyst for an angel investor group in charge of the group’s due diligence.

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Peter Roberts

Partner
Fox Rothschild LLP

Pete combines a deep understanding of bankruptcy law, secured transactions and litigation to provide clients with tailor-made financial strategies. He has represented and advised clients in virtually all aspects of insolvency, including workouts, assignments, receiverships, bankruptcy and related litigation.

Pete represents clients in a range of industries, including construction, health care, lending, service contract administration, manufacturing, real estate, retailing, wholesaling, collectibles, jewelry, furniture, trucking, and biotechnology.

His experience includes the development of workout strategies for debtors and creditors, the formulation and consummation of plans of reorganization, the sale of assets in distressed situations, the litigation of contested matters in state and federal courts and appellate representations before the Seventh Circuit Court of Appeals and the U.S. Supreme Court.

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Scott B. Cohen

Shareholder
Engleman Berger, P.C.

Scott B. Cohen is a Phoenix based commercial bankruptcy attorney who represents banks, lenders, landlords, guarantors, committees, and other creditors in bankruptcy, creditors’ rights matters, loan workouts, business turnarounds, Chapter 11 reorganizations, receiverships, bankruptcy litigation, and commercial litigation. He regularly appears in U.S. Bankruptcy Court and state court proceedings involving liquidations, Chapter 11 reorganizations, receiverships, and commercial lawsuits. Scott is a leading member of Arizona’s bankruptcy law community, as exemplified by his chairmanship (2011-2012) of the Bankruptcy Section of the State Bar of Arizona. He is a Certified Specialist in Business Bankruptcy (American Board of Certification) and also serves as an expert witness in bankruptcy and anti-deficiency matters.

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Peter Barrett

Partner
Kutak Rock

Peter also represents clients in connection with acquisition of distressed assets and insolvency-related litigation. Based in the Richmond, Virginia office of Kutak Rock, Peter regularly appears in bankruptcy courts across the country to represent the interests of firm clients. Peter also serves as a member of the panel of Chapter 7 bankruptcy trustees for the Eastern District of Virginia, Richmond Division.


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