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The Continuing Vitality of the Jay Alix Protocol, and Other Issue Related to the Retention of Distressed Management Consultants

Level: Advanced
Runtime: 64 minutes
Recorded Date: April 13, 2019
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  • The Jay Alix Protocol
  • The Future of the USTP's CRO Protocol
  • Overview of the Nine West Opinion
  • Term Sheet for Settlement between McKinsey & U.S. Trustee
Runtime: 1 hour
Recorded: April 13, 2019


This panel will discuss all aspects of the Jay Alix Protocol, including tips for attorneys and advisors for meeting its requirements, and recent bankruptcy court decisions regarding its continuing vitality. The panel will also address other current issues regarding debtors’ retention of distressed management consultants and similar advisors.

This program was recorded as part of ABI's 2019 Annual Spring Meeting on April 13th, 2019.

Provided By

American Bankruptcy Institute
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Andrew R. Vara

U.S. Trustee
Office of the U.S. Trustee for Region 3 (DE, NJ, PA)

Mr. Vara was appointed by Attorney General Eric Holder as Acting U.S. Trustee for Delaware, New Jersey, and Pennsylvania (Region 3) in 2015.

Mr. Vara has served as the Assistant U.S. Trustee in the USTP's Cleveland office since 2008. He also previously has headed the USTP's offices in Wilmington, Del., and Manhattan, as Assistant U.S. Trustee and Acting Assistant U.S. Trustee, respectively. He frequently serves as a faculty member and lecturer at the USTP’s National Bankruptcy Training Institute located in the National Advocacy Center in Columbia, S.C. Mr. Vara serves as co-chair of education for the American Bankruptcy Institute's (ABI) Ethics and Professional Compensation Committee and recently served as a member of the ABI's Ethics Task Force.

Before joining the USTP more than 20 years ago, he clerked for Hon. Laurence Howard, Chief Judge of the U.S. Bankruptcy Court in the Western District of Michigan.

Mr. Vara received his law degree with honors from Ohio State University Moritz College of Law in Columbus, Ohio, where he was awarded membership in the Order of the Coif, and his undergraduate degree magna cum laude from Duke University in Durham, N.C.

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William H. Henrich

Getzler Henrich & Associates, LLC

William H. Henrich is co-chairman of Getzler Henrich, a leading corporate restructuring firm focused on middle-market companies. The restructuring industry publication “Turnarounds and Workouts” has named Getzler Henrich one of the top firms for many consecutive years. Bill has more than thirty-five years of experience, with over 400 engagements.

He was named to the Turnaround Management Association (TMA) Hall of Fame in 2018, an honor recognizing those practitioners who have increased the stature, and respect of the industry. Mr. Henrich is a former president and current advisory board member of the TMA’s New York chapter, current TMA Global board member and VP – Education, Board member of the ABI, member of the Association of Corporate Growth and a regular speaker and author. He served as Co-Chairman of the ABI’s Bankruptcy Reform Commission Governance Committee.

A certified public accountant, he holds a master’s degree in business administration from Harvard Business School and a bachelor’s degree from Baruch College, City University of New York.

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Shanté M. George

Baker Tilly Virchow Krause, LLP

Shanté George joined Baker Tilly in 2016 and is a principal in the firm’s forensic, litigation and valuation services practice. She has extensive experience advising companies, unsecured creditors, lenders, bankruptcy trustees and examiners in both bankruptcy and out-of-court proceedings. Shanté leads engagements in the development and implementation of engagement strategy; challenging and developing business plans and comprehensive, long-term multi-divisional financial models; analyzing and preparing cash flow projections; conducting claims analyses; and assessing feasibility issues.

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Eve H. Karasik

Levene, Neale, Bender, Yoo & Brill LLP

Eve H. Karasik is a Partner at Levene, Neale, Bender, Yoo & Brill in Los Angeles, California. She focuses her national practice on corporate restructuring and bankruptcy, including representation of Chapter 11 debtors, unsecured creditor and equity committees, trustees, secured and unsecured creditors, and parties involved in bankruptcy litigation and appeals.

Her prior debtor engagements include Imperial Capital Bancorp, Inc. (San Diego, CA), Utah 7000, LLC (Salt Lake City, UT), Falcon Products, Inc. (St. Louis, MO), Clark Retail Group (Chicago, IL), and U.S. Aggregates, Inc. (Reno, NV). Creditor and equity committee cases include Circus and Eldorado Joint Venture (Reno, NV), Riviera Holdings Corporation (Las Vegas, NV), Eurofresh, Inc. (Phoenix, AZ), USA Capital First Trust Deed Fund (Las Vegas, NV), Aladdin Gaming, Inc. (Las Vegas, NV), and Amerco (Reno, NV).

Ms. Karasik served as Trustee's counsel in SIPA liquidations (W.S. Clearing, Inc.) (Los Angeles, CA), Examiner's counsel in Fontainebleau Las Vegas Holdings, LLC (Miami, FL), and counsel to Bankruptcy Code Section 524(g) Settlement Trust (Reno, NV). Ms. Karasik received the Century City Bankruptcy Attorney of the Year (2015) and the Turnaround Management Association "2007 Large Company Transaction of the Year" award.

Ms. Karasik serves as a board member of the American Bankruptcy Institute and of the Los Angeles Bankruptcy Forum, and is a member of several other professional organizations.

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