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Cutting-Edge Chapter 11 Strategies: 2-CD Package
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Two Audio CDs and Written Materials for Easy, On-the-Go Learning |
Hosted By : Beard Group Law and Business Publishers and Troubled Company Reporter |
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Carve-Out Agreements,
Non-Traditional Lender Strategies
Focus of New Audio CDs
Listen in your car, on your computer, or on your home CD player. Get up to speed fast when and where your busy schedule allows.
CD and Presentation Materials #1:
Non-Traditional Lenders and the Impact of Loan-to-Own Strategies on the Restructuring Process
Presented by Michael Richman, Foley & Lardner, LLP
Equity and hedge funds have been aggressively acquiring distressed assets through the employment of 'loan-to-own' strategies. In this Audio CD, hear Michael Richman clarify:
· Should the loan-to-own party be permitted under section 363(k) to credit bid the full face amount of the secured claim that it purchased at a discount?
· Should the loan-to-own party be able to use the leverage of the DIP loan to limit the scope of what professionals (particularly committees) can investigate and do to fulfill their duties under the Bankruptcy Code?
· Should the loan-to-own party be permitted to use the bankruptcy process to "clean-slate" its acquisition without providing any distributions to unsecured creditors?
CD and Presentation Materials #2:
Carve-Out Agreements: Latest Strategies to Protect Your Claims
Presented by Richard Bendix and David Beker, Schwartz Cooper Chtd.
Are carve-outs here to stay? Why do courts continue to approve them when many believe they violate the spirit if not the law of the Bankruptcy Code?
This Audio CD examines the fall-out from the latest court decisions and outlines strategies Chapter 11 creditors secured and unsecured are using to protect their interests, including:
Provisions for by-passing priority creditors
Validity of carve-out agreements: SMP Manufacturing and its progeny
Limitations on carve-out agreements
Practical problems implementing carve-outs
Distribution of carve-out funds under a Chapter 11 plan of reorganization will the courts confirm a plan that doesnt pay senior claims in full?
Order the Cutting-Edge Chapter 11 Strategies Audio CD Package today for $70.
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David E. Beker
Schwartz Cooper
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David E. Beker is an attorney at Schwartz Cooper and a member of the firm's Banking and Bankruptcy Department, where he represents debtors, creditors' committees, individual creditors, and trustees in bankruptcy matters and out-of-court workouts nationwide. His experience representing debtors ranges from large public corporations to local businesses.
On the creditor side, David has represented a wide range of secured and unsecured creditors, including financial institutions, trustees, hedge funds, landlords, critical vendors, general contractors, and subcontractors. In his representation of financial institutions in bankruptcy matters, he routinely provides advice on issues related to workouts and loan restructurings, DIP financings and use of collateral by business debtors, and disposition of collateral pursuant to either Article 9 of the Uniform Commercial Code or Section 363 of the Bankruptcy Code. |
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Michael P. Richman
Foley & Lardner LLP
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Michael P. Richman is a partner with Foley & Lardner LLP and chair of its national Business Reorganizations Practice Group. He handles bankruptcy, restructurings and creditors' rights litigation, with primary emphasis upon the representation of creditors' committees and debtors, secured and unsecured creditors, bank groups and other parties in interest in contested and litigated bankruptcy cases, out-of-court workouts and restructurings and civil suits. Significant pending and recent engagements include: counsel to Official Committees of Unsecured Creditors in Centrix Financial and NewComm Telecommunications chapter 11 cases, counsel to debtor in Medifacts International chapter 11 case, and national bankruptcy counsel to Ernst & Young LLP. Prior to joining Foley in 2006, Mr. Richman was a partner with Mayer, Brown, Rowe & Maw LLP where he recently served as national bankruptcy counsel to the Center for Claims Resolution in Chapter 11 cases of asbestos producers and suppliers, and special bankruptcy counsel to Huron Consulting. He has also recently served, among other roles, as counsel to Goldin Capital in the successful acquisition of a business in a contested section 363 auction; counsel to the State of Mississippi in a $5 billion tax claim against MCI/Worldcom; counsel to Textron Financial Corporation as secured creditor in the chapter 11 cases of Leisure Industries; co-counsel to Credit Suisse First Boston in the OSI Chapter 11 cases; counsel to agent lenders (including Bank of Nova Scotia and Textron Financial Corporation) in significant out-of-court financial workouts and restructurings; counsel to Bank of Montreal in adversary proceedings to determine status as secured or unsecured of over $1 billion of debt in Loewen chapter 11 cases; counsel to Umbro Worldwide in dispute with debtor licensee and co-licensee; and counsel to GE Capital Corporation in Loews Cineplex Chapter 11 cases.
Mr. Richman earned his J.D. from Columbia University Law School (1979) where he was a Harlan Fiske Stone Scholar and was awarded the David M. Berger Memorial Award in honor of Prof. Wolfgang Friedman (International Law). He was also the managing editor of the Columbia Journal of Transnational Law. He graduated from Vassar College (A.B., 1975) where he was awarded general honors and departmental honors in political science. Mr. Richman spent a year of his undergraduate study abroad attending the London School of Economics and Political Science.
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Richard M. Bendix, Jr.
Schwartz Cooper
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| Richard M. Bendix, Jr., heads up Schwartz Cooper's Bankruptcy, Insolvency & Creditors' Rights practice. He uses his understanding of bankruptcy laws to devise creative solutions to his clients' complex legal and financial problems. Among his major cases was the successful reorganization of 203 N. LaSalle Street Limited Partnership--one of the largest single real estate cases ever filed--where he had the opportunity to argue before the U.S. Supreme Court. Richard also played a significant role in the reorganization of UNR Industries, Inc., the first company to file Chapter 11 in a respect to mass tort (asbestos) litigation. |
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| Cutting-Edge Chapter 11 Strategies: 2-CD Package
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