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We Give a Split! Overview of Circuit Splits on Current Issues


Level: Advanced
Runtime: 81 minutes
Recorded Date: March 09, 2021
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Agenda

  • Overview
  • Debt Recharacterization
  • Appropriate Rate of Interest to "Unimpaired" General Unsecured Creditors
  • Exploring the Intersection between the Medicare Act & the Bankruptcy Code
  • Equitable Mootness
  • Till v. SCS Credit Corp. 541 U.S. 465 (2004)
  • Collateral Description
Runtime: 1 hour, 21 minutes
Recorded: March 9, 2021

Description

This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country.

This program was recorded as part of the American Bankruptcy Institute's Bankruptcy Battleground West on March 9th, 2021.

Provided By

American Bankruptcy Institute

Panelists

Jordana L. Renert

Partner
Lowenstein Sandler LLP

A partner in the Bankruptcy & Restructuring Department of Lowenstein Sandler LLP, Jordana’s practice is devoted to helping clients navigate all aspects of financial restructuring by identifying and implementing innovative solutions and strategies aimed at maximizing recovery. She advises clients on all facets of complex Chapter 11 reorganizations, workout proceedings, and corporate trust matters and represents clients ranging from indenture trustees and agents to creditors’ committees, lenders, and debtors.

Jordana is often the trusted advisor to a wide array of clients in the enforcement of creditors’ rights involving secured, unsecured, public, or private debt through her work with indenture trustees, agents, debtor-in-possession lenders, and official committees in Chapter 11 cases. Her restructuring experience spans numerous industries, including health care and hospitals, energy, retail, hospitality, municipal finance, and real estate.

By remaining current on recent developments relevant to her clients, Jordana provides proactive guidance and often writes on or speaks about the latest bankruptcy trends.

Kenneth P. Kansa

Partner
Sidley Austin, LLP

Kenneth P. Kansa is a partner in the Restructuring group of Sidley Austin LLP in Chicago, where he represents clients in a wide range of in-court and out-of-court restructuring matters, with particular areas of experience in representing corporate clients in connection with their restructuring proceedings, mass tort-driven restructuring proceedings and cross-border insolvency matters. His public and nonpublic representations have included providing strategic advice and long-term restructuring advice for companies in addressing their liabilities; negotiating, drafting and implementing chapter 11 plans of reorganization; drafting and negotiating sale documents and requests for court approval of ? 363 asset sales; negotiating and securing court approval of debtor-in-possession financing facilities; preparing companies for chapter 11 filings; and advising companies in connection with numerous bankruptcy-related real estate, tax and corporate issues.

Mr. Kansa is listed in Who’s Who Legal: Restructuring and Insolvency for 2017 and sits on the advisory board for the College of Liberal Arts & Social Sciences at Cleveland State University. He is also a frequent speaker to professional organizations and on CLE matters for restructuring and insolvency, including those relating to the treatment of commercial leases in bankruptcy proceedings, the administration of cross-border insolvency proceedings, equipment lease financing and similar issues.

Mr. Kansa received his B.A. in 1993 from The George Washington University, his M.A. in 1994 from Cleveland State University, and his J.D. in 1999 from the University of Virginia School of Law.

David B. Golubchik

Partner
Levene, Neale Bender, Yoo & Brill, LLP

David B. Golubchik is a partner with Levene, Neale, Bender, Yoo & Brill, L.L.P. in its Los Angeles office and focuses on business reorganization, creditors’ rights, litigation, negotiations and workouts. He is a frequent speaker and a member of the Los Angeles Bankruptcy Forum and the Financial Lawyers Conference. Mr. Golubchik was listed in Southern California Super Lawyers from 2005-09, is vice chair of the Executive Committee of the Beverly Hills Bar Association’s Bankruptcy Section, and is on the advisory board of ABI’s annual Bankruptcy Battleground West conference. He is admitted to practice in California and before the Ninth Circuit Court of Appeals, the U.S. District Courts for the Central, Southern, Eastern and Northern Districts of California, and the U.S. District Court for the District of Columbia. Mr. Golubchik received his B.A. in economics with an emphasis in computer programming from the University of California at Los Angeles in 1992 and his J.D. in 1996 from Pepperdine University School of Law, where he received the American Jurisprudence Award in Business Reorganization in Bankruptcy, was vice chair of the Moot Court Board and was vice magistrate of Phi Delta Phi, an international legal fraternity.

Amir Gamliel

Partner
Perkins Coie LLP

Amir Gamliel is a partner with Perkins Coie LLP in Los Angeles and focuses on litigation, bankruptcy and out-of-court restructuring work for clients in such industry sectors as finance, health care, aerospace, entertainment, CMBS, real estate, manufacturing, apparel, retail and technology. In his bankruptcy practice, he counsels financially troubled entities; parties that have invested in, supplied from or managed such entities; and parties aiming to acquire these entities or their distressed assets.

Mr. Gamliel has presented programs on complex bankruptcy transactions, preferences, constructive and intentional fraudulent transfers, national retail tenant bankruptcies, and crossover issues between bankruptcy and family law, as well as bankruptcy and director-and-officer liability insurance. He also has first- and second-chair trial experience in arbitration and state and federal courts, and he has successfully appealed decisions in both state and federal courts.

Mr. Gamliel represents parties in complex litigation involving financial transactions, contract disputes, business tort claims, trade secret claims, real estate, receiverships, product liability, and disputes concerning directors and shareholders. As an active participant in Perkins Coie’s pro bono efforts, he has also represented a diverse array of clients, such as an asylum recipient, a victim of bankruptcy fraud, tenants in eviction proceedings, senior and low-income tenants challenging rent-stabilization ordinances, a nonprofit company seeking to wind down its affairs, and Holocaust survivors seeking reparations.

Mr. Gamliel serves on the firm’s Professional Development Committee, as well as the Hiring and Summer Associate Committees for its Los Angeles office. He has also served on the firm-wide Associate and Counsel Committee and on the Los Angeles Diversity Committee, and he frequently has interviewed and mentored associate candidates at law schools across Southern California.

Mr. Gamliel received his B.A. in business economics magna cum laude and Phi Beta Kappa from the University of California, Los Angeles in 2006 and his J.D. in 2009 from UCLA School of Law, and he completed an executive program in 2017 at UCLA Anderson School of Management.


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