Attention:

Why Venue Matters in Chapter 11 Cases


Level: Intermediate
Runtime: 54 minutes
Recorded Date: December 06, 2019
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Agenda


  • Overview
  • Important Considerations that Impact Venue Analysis
  • Venue Change Considerations
  • Case Studies
  • Understanding Venue in Sears and Purdue Pharma

Runtime: 53 minutes
Recorded: July 19, 2019

Description

This panel will focus on obtaining successful chapter 11 results in certain jurisdictions while analyzing why you should or shouldn’t file in a particular jurisdiction. The panel will discuss the advantages and disadvantages of filing in certain jurisdictions, including local rule advantages (i.e., Texas) and case law advantages or disadvantages.

This program was recorded on December 6th, 2019.

Provided By

American Bankruptcy Institute

Panelists

Eric E. Walker

Partner
Perkins Coie, LLP

Eric Walker focuses his practice on all aspects of commercial litigation, financial restructuring, and bankruptcy, including experience representing debtors, creditors, asset purchasers, examiners, and trustees in bankruptcy proceedings throughout the country. Eric has significant experience in the highly regulated healthcare industry, representing debtors, creditor committees, private equity sponsors, stalking horse bidders, landlords, and other constituents in out-of-court restructuring negotiations, bankruptcy, and litigation. He has particular experience in restructuring hospital systems, senior living facilities, continuing care retirement communities (CCRCs), skilled nursing facilities (SNFs), behavioral health centers, and diagnostic medical laboratories. His successful representation of the asset purchaser in the Health Diagnostic Laboratories (HDL) bankruptcy case was awarded the 2016 Restructuring Deal of the Year (Under $100M) by M&A Advisors.

Eric also has experience in the hotel and hospitality industry, regularly representing hotel owners, developers, operators, lenders, and major hotel brands in transactions, state and federal litigation and bankruptcy. He represented the petitioners before the U.S. Supreme Court in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank (Case No. 11-166), a high-profile hotel bankruptcy case involving secured creditor cram down.

Eric was recognized on the American Bankruptcy Institute’s inaugural “40 Under 40” list of leading restructuring professionals. He was also selected as a member of the 2013 Next Generation Class at the National Conference of Bankruptcy Judges, designed to identify “leaders of the next generation of bankruptcy practitioners.” Eric currently serves on the Board of Directors for the American Bankruptcy Institute and the Advisory Board for the Annual ABI Central States Bankruptcy Workshop. He served as faculty member and author for the PLI 17th Annual Commercial Real Estate Institute and frequently writes and speaks on issues of bankruptcy, hospitality, and healthcare law.

Charles A. Beckham, Jr.

Partner
Haynes and Boone, LLP

From upstream to downstream and everything in between, Charlie Beckham has been involved in just about every type of oil and gas bankruptcy imaginable. Since the 1980s, when the West Texas native earned his spurs as a lawyer during a turbulent oil and gas bust, Charlie has had a front-row seat for numerous, high-profile energy-related bankruptcies. In 2012, Texas Lawyer, American Lawyer Media, Inc., named Charlie the “Go-To Lawyer” for bankruptcy in the state of Texas, a designation given once every five years and a recognition of his vast experience helping forge solutions to complicated business failures. With more than 30 years of experience in providing quality advice on bankruptcy, mergers and acquisitions, debt restructuring and insolvency issues, Charlie is indeed a go-to lawyer for many clients. He has represented clients in cases large and small, in courtrooms and boardrooms all across the country. Charlie has played a key role in representing secured lenders, unsecured creditors committees, buyers, debtors and other parties-in-interest in a variety of industries, including numerous oil and gas, midstream, power, and energy related bankruptcies.

Charlie’s courtroom experience enables him to resolve problems in the boardroom quickly and effectively. Charlie has the intuitive ability to listen to clients and to his opponents to achieve his client’s goals while avoiding unnecessary and expensive litigation.

Charlie’s core strengths as a leader, legal scholar, and negotiator have helped his clients reach positive resolutions in a wide range of transactions, including ATP Oil, Inc., Asarco, LLP, Trinity Coal Corporation, Lothian Oil, Inc., Tri-Union Development Corp., Enron Corp., and Houston Regional Sports Network, L.P.

In addition to dedicating time to his clients, Charlie is sought out regularly to speak on various bankruptcy matters in the U.S., as well as internationally. Drawing on his vast depth, skill, and experience in the oil and gas industry, Charlie has presented and published numerous articles on the topic.

Charlie is board certified in business bankruptcy law by both the Texas Board of Legal Specialization and the American Board of Certification. Because of his significant experience, he served as chair of the Bankruptcy Law Exam Commission of the Texas Board of Legal Specialization. Charlie actively participates in numerous bankruptcy organizations, most notably as a Fellow and former Fifth Circuit Regent for the American College of Bankruptcy. He has served as chair of the Bankruptcy Law Section of the State Bar of Texas. He is also a former president of the 20,000-member Texas Young Lawyers Association, a former member of the board of directors of the State Bar of Texas and former chair of the Council of Chairs for the State Bar of Texas. Charlie is a fellow of the Houston Bar Foundation, Texas Bar Foundation, and American Bar Foundation. He currently serves on the Chancellor’s Council Executive Committee for The University of Texas System. In 2010, Charlie was named the Distinguished Law Graduate of St. Mary’s University School of Law.

Joshua A. Sussberg

Partner
Kirkland & Ellis, LLP

Josh Sussberg is a partner in the Restructuring Practice Group. Josh represents debtors, creditors, equity holders, sponsors, boards of directors and investors in all aspects of restructuring stressed and distressed companies.

The 2020 edition of Chambers Global: The World’s Leading Business Lawyers noted that clients consider Josh to be an “outstanding lawyer.” The 2020 edition of Chambers USA, America’s Leadings Lawyers for Business ranked Josh as a top lawyer both nationally and in New York, with one source noting “[h]e is an experienced attorney with tremendous depth in restructuring from a legal and commercial perspective. He makes things happen and moves mountains at times.” Other sources added “[h]e is the quintessential big-case advisor,” and “very bright and incredibly diligent.” The 2020 edition of The Legal 500 U.S. cited Josh as a consumer and retail expert, with one source noting he is “as good as it gets in the bankruptcy area.”

Most recently, Josh was chosen as one of five bankruptcy attorneys nationwide as a Law360 2019 MVP. Josh was recognized in the 2019 Legal 500 and the 2019 IFLR1000 and Josh was also named an Outstanding Restructuring Lawyer by Turnarounds & Workouts in December 2018, recognizing 15 lawyers nationwide who are leaders in the bankruptcy field. Josh was also recently recognized by The Deal as the 2018 Consumer/Retail Lawyer of the Year following representations of companies including Toys R Us, BCBG, Gymboree, Mood Media and Charming Charlie. The 2018 Legal 500 recognized Josh as “tireless and super bright” and a key member of “one of the most pre-eminent law firms for US restructuring.”

Recognized in Chambers each year since 2011, Josh has been described as “masterful,” in the context of a recent particularly daunting corporate bankruptcy filing, where “he found the best outcome for everyone” and did an “extraordinary job.” He is described as “a great lawyer; practical and solution-oriented,” with one source noting: “He is extremely creative, smart and hard-working, and also easy to work with and a great problem solver.” Other editions of Chambers USA describe Josh as “excellent,” with clients praising his industrious work ethic and “very commercial” approach to matters; “practical, easy to work with and deal oriented in the sense he recognizes the best way to get a deal done is to work together.” Chambers USA has also recognized Josh’s “great courtroom presence,” with commentators noting that he is an “absolute pleasure to work with and against.”

In May 2019, Josh was awarded the first ever Young Leadership Award by UJA-Federation of New York Bankruptcy and Reorganization Group. In 2017, Josh was selected to the American Bankruptcy Institute’s inaugural “40 under 40” list, recognizing bankruptcy, insolvency and restructuring professionals from around the world. Josh was named an Outstanding Young Restructuring Lawyer by Turnarounds & Workouts in 2014. Josh was recognized as a "New York Super Lawyer" in Super Lawyers magazine's 2013–2018 rankings. Previously he had been recognized as a "Rising Star" in 2011 and 2012.

Hon. Kevin J. Carey

U.S. Bankruptcy Judge
U.S. Bankruptcy Court District of Delaware

Hon. Kevin J. Carey is a U.S. Bankruptcy Judge for the District of Delaware in Wilmington, first appointed in 2005 and serving as Chief Judge from 2008-11.

He previously served as a U.S. bankruptcy judge for the Eastern District of Pennsylvania, appointed on Jan. 25, 2001. Judge Carey serves on ABI’s Executive Committee as Vice President-Membership and is a past global chairman of the Turnaround Management Association. He is a member of the National Conference of Bankruptcy Judges and also serves as an associate editor for the American Bankruptcy Law Journal.

Judge Carey is the Third Circuit representative on the Administrative Office’s Bankruptcy Judges Advisory Group and is a member of the Third Circuit Judicial Council’s Facilities and Security Committee. He is also a contributing author to Collier on Bankruptcy and Collier Forms Manual. Judge Carey is a part-time adjunct professor in the LL.M. in Bankruptcy program at St. John’s University School of Law in New York and at Temple University’s Beasley School of Law in Philadelphia. He began his legal career in 1979 as law clerk to Bankruptcy Judge Thomas M. Twardowski, then clerked for the U.S. Bankruptcy Court for the Eastern District of Pennsylvania.

Judge Carey received his B.A. in 1976 from Pennsylvania State University and his J.D. in 1979 from Villanova University School of Law.

Laura Davis Jones

Partner
Pachulski, Stang, Ziehl & Jones LLP

Laura Davis Jones is a name partner and managing committee member of the national bankruptcy law firm of Pachulski Stang Ziehl & Jones LLP, and is the managing partner of the firm's Delaware office. She gained national recognition as debtor's counsel in the Continental Airlines bankruptcy case, and has represented numerous debtors, creditors' committees, bank groups, acquirers, and other significant constituencies in chapter 11 cases and workout proceedings. She lectures at national bankruptcy and litigation seminars, and has authored numerous articles. Ms. Jones was named "Deal Maker of the Year" by The American Lawyer and has been profiled on additional occasions in The American Lawyer. Ms. Jones has been named continuously by her peers as one of the "Best Lawyers in America" and as one of the "Best Lawyers in Delaware," and was selected as one of the top ten lawyers in Delaware by "Delaware Super Lawyers." She is included among Chambers USA America's "Leading Lawyers for Business," and ranked among the top-tier Bankruptcy/Restructuring lawyers in Delaware.

Ms. Jones has been recognized in the K&A Restructuring Register and the Law Dragon 500 since their inception, has been named repeatedly to the International Who's Who of Insolvency and Restructuring Lawyers, and holds an AV Peer Rating, Martingale-Hubbell's highest peer recognition for ethical standards and legal ability. She started her career as a judicial law clerk in the Bankruptcy Court for the District of Delaware. Ms. Jones is admitted to practice in Delaware and the District of Columbia.

Recent debtor clients include American Apparel, Emerald Oil, Deb Stores, Cache Inc., Magnum Hunter Resources, Delivery Agent, Revstone Industries, Exide Technologies, EveryWare Global, AFA Investment and SS Body Armor, Inc. Recent creditor representations include the creditors' committees of LCI Holding Company ("LifeCare") and NE Opco, and co-counsel to the second lien notes indenture trustee of Energy Future Holdings Corporation.


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