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Walk the Line: Pushing Lenders' Rights to the Limits

Level: Advanced
Runtime: 78 minutes
Recorded Date: January 24, 2019
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  • Special Purposes Entities
  • Springing Guarantees
  • Blocking Directors
  • Intercreditor Agreements
Runtime: 1 hour and 18 minutes
Recorded: January 24, 2019


This panel will explore the enforceability of special-purpose entities, springing guarantees, blocking directors and intercreditor agreements.

This program was recorded as part of ABI's Rocky Mountain Bankruptcy Conference on January 24th, 2019

Provided By

American Bankruptcy Institute
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Hon. Joseph G. Rosania

U.S. Bankruptcy Court for the District of Colorado

Joseph G. Rosania, Jr., is a judge on the United States bankruptcy court, District of Colorado. He was appointed on January 4, 2016. Rosania clerked for U.S. Bankruptcy Judge Jay Gueck before going into private practice.

Judge Rosania earned his law degree from the University of Colorado.

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Caroline C. Fuller

Fairfield & Woods PC

For more than 30 years, Caroline has represented clients involved with financially troubled companies of all sizes across an array of industries. She regularly counsels clients who are attempting to resolve their financial difficulties outside a formal reorganization process and clients who are lenders to, landlords of, or creditors of such companies. Caroline represents lenders and borrowers in lending transactions and workouts, including foreclosures under the Uniform Commercial Code. She regularly represents trustees, secured creditors, landlords, creditors’ committees, and other key creditors in business reorganization and liquidation proceedings.

Recent bankruptcy court proceedings she’s handled include representation of a Chapter 11 trustee in related oil and gas businesses; secured lenders to affiliated gold mining companies; and the distributor to a bankrupt airplane dealer. She also represents receivers in state and federal court receivership proceedings. Recent engagements involve receiverships for businesses run as Ponzi schemes or involving securities fraud and numerous cases involving distressed real estate developments. One recent matter involved a condominium project suffering significant design defect issues, which were successfully mitigated, resulting in the sale of all unsold units.

Before joining Fairfield and Woods in 1986, Caroline clerked for Chief Judge John F. McGrath, United States Bankruptcy Court - District of Colorado.

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Troy J. Aramburu

Snell & Wilmer LLP

Troy Aramburu’s practice is concentrated in bankruptcy and commercial litigation. He regularly represents secured and unsecured creditors, debtors, committees, receivers and other fiduciaries in a variety of contested actions before bankruptcy, federal and state courts. Troy has also represented members, partners and shareholders in disputes with other owners or the company, both in bankruptcy and other courts. He also regularly seeks creative solutions to his clients’ problems through reorganizations and workouts.

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Sherilyn A. Olsen

Holland & Hart LLP

Sherilyn Olsen helps clients resolve problems with loans in default.

Her practice includes advising lenders and borrowers regarding loan workouts and restructuring, collection procedures, and bankruptcy law and procedure. She also assists lenders in seeking the appointment of a receiver to protect assets and/or to operate a business's pending foreclosure.

Sherilyn negotiates and drafts loan modification documents and pursues repayment of loans in default. In bankruptcy court, she prosecutes and defends relief from stay motions, cash collateral motions, claim objections, motions to dismiss, preference and fraudulent transfer actions, lien avoidance actions, and nondischarageability claims.

In state and federal courts, Sherilyn represents clients throughout the litigation process including managing discovery; defending and taking fact and expert depositions; drafting and arguing motions for summary judgment; pursuing and defending motions for temporary restraining orders and preliminary injunctions; chairing trials; and pursuing collection of judgments.

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Aram Ordubegian

Arent Fox LLP

Aram is a partner in the Bankruptcy and Financial Restructuring group at Arent Fox LLP, having joined the firm in July 2009.

Prior to joining Arent Fox LLP, he was a partner at the “bankruptcy boutique” law firm of Weinstein, Weiss & Ordubegian, LLP of Los Angeles, California where he practiced since 2000. From 1996 to 2000, Mr. Ordubegian was an associate at the firm of Shapiro & Miles LLP (now Miles & Bauer LLP) of Costa Mesa, California, where he represented primarily secured creditors in bankruptcy cases.

Aram has broad-based reorganization and bankruptcy litigation and appellate experience in a wide area of insolvency matters, from various perspectives, including: representation of businesses and high net-worth individuals facing financial distress, purchasers of assets, individual and corporate creditors, creditors' committees, trustees, and parties to out of court work-out transactions with debtors, before, during and after bankruptcies. Mr. Ordubegian has advised businesses in connection with debt restructuring, securitization, trust formation, acquisitions, divestitures and wind-downs in connection with financially distressed assets, and has advised corporations, limited liability companies and partnerships on creditors' rights, governance and control issues.

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