The Implications of Czyzewski v. Jevic to Business Bankruptcies

Marshall C. Turner is a partner with Husch Blackwell LLP in its Financial Services & Capital Markets group, where he represents clients with respect to all aspects of financial restructuring, especially in connection with distressed mergers and acquisitions. In addition, he is involved in all types of financial transactions, including representations of national lenders in asset-based lending, cashflow financings, capital restructure and syndicated credits.

Mr. Turner is a member of the Turnaround Management Association’s Missouri Chapter and has sat on its board of directors since 2013, ABI, the American Bar Association, the Bar Association of Metropolitan St. Louis and the Missouri Bar. In addition, the Association of Corporate Counsel named him Value Champion for 2017.

Admitted to practice in New York and Missouri, Mr. Turner received his B.A. in 1994 in history and French from William Jewell College and his J.D. in 1999 with distinction from the University of Iowa College of Law.

William C. Heuer practices in the areas of commercial litigation and transactions, primarily in the context of business reorganization engagements and bankruptcy matters. Mr. Heuer's litigation and transactional experience spans a wide range of industries including shipping, satellite and telecommunications, golf and entertainment, print media, intellectual property, consumer goods, real estate, finance, chemical manufacturing/distribution, insurance, retail merchandise, air travel (domestic and international), health care and long-term health management facilities, and real estate. Mr. Heuer has been retained in international bankruptcy proceedings and also has considerable appellate experience, including roles in a number of landmark bankruptcy cases decided by the U.S. Supreme Court.

Mr. Heuer is a member of the Editorial Advisory Board of the Norton Journal of Bankruptcy Law and Practice, has authored numerous articles on bankruptcy law, and is an Adjunct Professor of law in the LL.M. in Bankruptcy Program at St. John's University School of Law. Mr. Heuer also devotes substantial time to pro bono matters, including consumer bankruptcy matters before the US Supreme Court. He is also a member of the American Law Institute.

Mr. Heuer is a 1997 graduate of St. John's University School of Law, where he was articles editor of the American Bankruptcy Institute Law Review and a graduate of the State University of New York at Buffalo.

Dave Going is a respected bankruptcy practitioner and commercial litigator guiding distressed businesses, lenders and creditors in complex insolvency proceedings. He provides targeted, strategic advice in the handling of business reorganizations, bankruptcy litigation and creditor’s rights issues.

A fellow in the American College of Bankruptcy, Dave is a recognized authority on bankruptcy-related issues. He speaks and writes on these topics regularly for professional and trade groups. An adjunct faculty member at the Washington University School of Law, Dave co-teaches a course on Chapter 11 reorganizations.

Dave represented the single largest creditor in the US Fidelis Chapter 11 proceedings pending in the Eastern District of Missouri. He also serves as primary bankruptcy counsel for an international freight and utility processor in litigation pending in multiple jurisdictions.

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.