Card image cap

Paths for Committees Post-Jevic

Level: Advanced
Runtime: 76 minutes
Recorded Date: August 04, 2017
Click here to share this program
Download PDF


  • In Re Constellation Enterprises LLC, Case No. 16-11213 (Bankr. D. Del. 5/19/2017)
  • In re Fryar, Case No. 16-13559 (Bankr. E.D. Tenn. 4/25/2017)
  • In re Pioneer Health Services, Inc., 2017 (Bankr. S.D. Miss. 4/4/2017)
  • In re Eternal Enterprise, Inc., 2017 (Bankr. D. Conn. 4/13/2017)
  • In re DB Holdings Liquidation, Inc. (f/k/a DirectBuy Holdings, Inc.), Case No. 16-12435
Runtime: 1 hour and 16 minutes
Recorded: August 4, 2017


This panel will review the shift of leverage to hold-out creditors and the requirement that structured dismissals must adhere to the absolute priority rule outside of a plan.

This program was recorded on August 4th, 2017.

Provided By

American Bankruptcy Institute
Card image cap


Card image cap

Hon. David Rice

Bankruptcy Judge
U.S. Bankruptcy Court District of Maryland

David E. Rice is a judge on the United States bankruptcy court, District of Maryland. He was appointed on April 1, 2011, and her current term will expire on March 31, 2025.

Rice began his legal career serving as a law clerk to Judges Harvey M. Lebowitz and James F. Schneider of the United States bankruptcy court, District of Maryland. He then joined Venable LLP in 1982, where he practiced bankruptcy and creditors' rights law, eventually joining the firm's partnership. He remained with the firm until he was called to the bench.

Rice earned a bachelor's degree from the University of Pennsylvania and a J.D. from the University of Baltimore.

Card image cap

Michele Michaelis

Managing Director
BDO Consulting

Michele Michaelis is a Managing Director in the New York office of BDO Consulting. She has nearly 20 years of experience in matters relating to bankruptcy and insolvency, accounting and auditing, business disputes, and forensic investigations. Michele has worked with troubled and insolvent companies involving both reorganizations and out-of-court workouts representing debtors, unsecured creditors and secured lenders. She has routinely evaluated liquidity issues, including the formulation, review and analysis of short term cash flow projections, as well as assessed the viability of business operations of troubled businesses by conducting detailed liquidation analyses, leading to rapid stabilization with sustainable results.

Michele has significant experience serving clients in a wide range of industries including retail, apparel, manufacturing, healthcare, mortgage, jewelry, finance, and telecommunications. She is knowledgeable in conducting investigations with regard to substantive consolidation issues and fraudulent conveyances, has prepared expert reports on solvency issues, has testified in bankruptcy proceedings, and has extensive experience in pre-planned and pre-negotiated bankruptcies.

Card image cap

Maris J. Kandestin

Of Counsel
DLA Piper

Maris J. Kandestin focuses her practice on financial restructuring.

Maris primarily represents publicly-held and privately-held multi-national companies in numerous industries (including manufacturing, oil and gas, retail, airline, pharmacology, real estate and healthcare) in their efforts to restructure. Maris also represents secured lenders, indenture trustees and unsecured creditors, among others, and advises clients in out-of-court restructurings.

Prior to joining DLA Piper, Maris worked at firms in Wilmington and Philadelphia as a corporate bankruptcy and restructuring attorney. Maris also clerked for The Honorable Gloria M. Burns in the United States Bankruptcy Court for the District of New Jersey.

Card image cap

Jeffrey Cohen

Lowenstein Sandler LLP

A trusted advisor to unsecured creditors, creditors' committees, and distressed companies, Jeff's tenacious counsel adds steady momentum to our growing client base in retail bankruptcy and is a strong resource to distressed clients in the technology sector. His practice centers on Chapter 11 bankruptcy reorganizations and related litigation. Current representations include the creditors’ committees in Gibson Guitar, Gander Mountain and Vitamin World; individual creditors Under Armour and Est?e Lauder in Bon-Ton Stores chapter 11, Est?e Lauder in Sears Canada proceedings, National Football League in Cumulus Media chapter 11 and participant lenders in Toys “R” Us and Tops Markets chapter 11 cases.

Jeff often provides advice to private equity-sponsored and venture capital backed distressed investors, representing boards of directors and management in the out of court wind down or distressed M&A process in the following industries: healthcare, internet-connected home devices, digital content delivery websites, digital advertisement and content delivery through television and alternative media.

As a certified bankruptcy mediator and an approved fee examiner by the U.S. Trustee for Region 3, Jeff most recently served on the Official Fee Review Committee in the Adelphia Communications bankruptcy cases and as the fee examiner in the Endeavour Operating chapter 11 case.

Card image cap

Similar Courses

Card image cap
77 minutes
§ 363 Sale Issues
Dive into Section 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between Sections 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

American Bankruptcy Institute


Add to Cart
Card image cap
57 minutes
Avoiding the Dreaded B-Word: Alternatives to Bankruptcy
The panelists discuss in-court and out-of-court options for distressed businesses, as well as alternatives both pre- and post-COVID-19, drawing upon their experiences and what they see in the market going forward.

American Bankruptcy Institute


Add to Cart
Card image cap
76 minutes
Bankruptcy Litigation
The panelists will provide a Section 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).

American Bankruptcy Institute


Add to Cart
Card image cap
88 minutes
Bankruptcy Practice is Constantly Changing
This session features a panel discussion covering new legislation (Small Business Reorganization Act, HAVEN Act, Family Farmer Reorganization Act, new Rules, new Procedures and new Administrative Orders), as well as proposed changes to PACER and operating programs for electronic filing.

American Bankruptcy Institute


Add to Cart
Previous Next