On-Demand Learning

Bankruptcy & Restructuring

Transcripts

Recorded on: Jun. 5, 2013

KIRSTEN S. AUNAPU: OK, great, I'd like to welcome our next speakers, Todd Rosen and Doug Bodel. The subject will be Solvency, Restructuring, and Bankruptcy. It'll be a 60-minute segment followed by lunch. I'd like to welcome back first, Todd Rosen, has been a speaker for this segment for the past couple of years. Todd is a bankruptcy partner in the Los Angeles office of Munger, Tolles, & Olson. Todd joined the firm in 2004 after working as an ...

Recorded on: Mar. 18, 2013

EDWIN SMITH: It's very important that you do the evaluations. We look at those every year to try to determine who to keep on the panel and who to throw off. I'd now like to introduce, as my colleague on this session, June Basden, from Carruthers & Roth in Greensboro. JUNE BASDEN: And that's Greensboro, North Carolina. EDWIN SMITH: There we go. Right. And so we're here to talk about bankruptcy related issues for asset-based lenders. We're going ...

Recorded on: Mar. 4, 2013

KAREN N. BALLACK: OK, welcome back, everybody, from the break. Our next presentation this morning before our lunch break is on the treatment of IP licenses in bankruptcy. And we have with us today two speakers from O'Melveny & Myers. We're very pleased that they were able to join us this morning. To my right is Stanton Lovenworth. Stanton is counsel in O'Melveny's New York office, and a member of the Health Care and Life Sciences Practice. Stan ...

Recorded on: Feb. 15, 2013

BLAKE RUBIN: All right, let's get started again. We've got a few more interesting tax quotes that we can throw out and ask people if they know who said them. "If you get up early, work late, and pay your taxes, you will get ahead, if you strike oil." J. Paul Getty. All right, "The federal income tax system is a disgrace to the human race." President during the 1970s. Guesses? Come on, we're giving away free iPads for correct guesses. BAHAR ...

Recorded on: Jan. 14, 2013

KENNETH CHIN: And for our next speaker we have Ken Carl, who's a partner at Sheppard Mullin from Los Angeles. I'm so happy he's traveled all the way across the country in order to give this presentation. Ken's practice focuses on lender and borrower representation and financing transactions, loan workouts, and bankruptcies. And Ken is a classmate of mine from law school. And I'm so happy that he's here. So Ken will talk to us about default and remedies. ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Hi everybody. We're ready to continue with our last talk of the morning before lunch. At this point it's my pleasure to introduce Lillian Stenfeldt. She's a partner in the Creditor's Rights and Bankruptcy practice group. And in fact, she chairs that practice group at the Cedric firm here in San Francisco. Her practice areas and her expertise include bankruptcy and insolvency, creditor's rights, receivership matters, and complex commercial ...

Recorded on: Nov. 6, 2012

HOWARD J. WEG: Welcome back everyone. Let's quiet down and get going. The next panel is going to address some more details with respect to the Chapter 11 and the Chapter 11 plan process, which culminates ultimately this afternoon's panel dealing with what the terms of a plan include and how you confirm the plan. But this is the important beginning of the process. We have our two speakers today-- Steve Felderstein and Megan Lewis-- and I turn it over ...

Recorded on: Nov. 6, 2012

HOWARD J. WEG: Welcome back everyone. So for the next 75 minutes we're going to discuss ethical considerations in bankruptcy, which as I referenced earlier will qualify for one hour and 15 minutes worth of MCLA credit toward your ethics segment of your MCLA obligations and requirements. We're going to cover two broad areas, generally speaking. We're going to talk about, today, the appointment and employment of professionals and trustees in bankruptcy ...

Recorded on: Nov. 6, 2012

LEWIS KRUGER: Ready to go. Lewis Kruger. Hello and good morning. Those of you in California based, obviously, a lovely and beautiful day and a nice day to be indoors at PLI. I'm going to talk for the next 15 to 20 minutes about the beginning of the process of dealing with a company and contemplating what its future should be and how you ought to think about dealing with it, whether it's an insolvency proceeding in the bankruptcy court or other alternatives. ...

Recorded on: Nov. 6, 2012

HOWARD WEG: Welcome back everyone. This afternoon we're going to delve into more details involving the plan confirmation process. We have Steve Felderstein and Andy DeNatale taking the laboring [INAUDIBLE]. Other people will chime in as we go along, I'm sure. ANDREW DENATALE: OK, so welcome to plan confirmation. Here we are at the confirmation stage. This means that the planned proponent has determined the preferred course to maximize the value of ...

Recorded on: Nov. 6, 2012

HOWARD WEG: So the next three panels are going to take us further into the area of chapter 11. This is a corporate nuts and bolts bankruptcy program. And the ultimate outcome of a corporate reorganization case involves looking closely at who are the players in chapter 11, what does a chapter 11 plan involve, and how does it get confirmed. And that's what we're going to be covering now. Our first speakers are my co-chair, Andrew DeNatale, and Ali ...

Recorded on: Nov. 6, 2012

HOWARD WEG: We're getting ready to start. Good morning. And welcome back, everyone. Very often, your first encounter with insolvency or bankruptcy proceedings is when a client calls up you up and said, I got a letter from some bankruptcy lawyer saying if we don't pay back some amount we've been paid for goods we sold six months ago-- three months ago-- some period in the past-- they're going to sue us. And that's what we call avoiding powers. There's ...

Recorded on: Nov. 6, 2012

HOWARD J. WEG: All right. Welcome back, everybody. We're into the home stretch. I saved the best for last, I'd like to think. This particular panel is going to cover the topic of executory contracts and unexpired leases. My co-panelist, Ali Mojdehi, from Cooley Godward in San Diego's office has come up here to participate. And we've sort of divided the various topics that we're going to cover into smaller little bites, so I'll speak, then Ali will ...

Recorded on: Oct. 16, 2012

DANA MCFERRAN: Good morning. Just want to welcome everyone back to our New York facility, here all the participants here, and also to all of our participants via webcast, to Day Two of the PLI Pocket MBA program. I hope you all enjoyed the first day's session. I think it was very informative, and I hope that you'll enjoy today's session. I think we have a great host of distinguished faculty members and presenters. And as I said yesterday, please ...

Recorded on: Jun. 6, 2012

ERIC B. SLOAN: All right, welcome back. For our next panel we have three really great speakers. To my immediate right is Doug Lane. Doug is a managing director at GLC Advisors which is a leading independent restructuring advisory firm. And before joining GCL Doug was with UBS's restructuring and leveraged finance group in San Francisco. And Doug is actually back-- this is your second year? DOUG LANE: Second year, yeah. Thank you. ERIC B. SLOAN: ...

Recorded on: Feb. 27, 2012

JOSEPH YANG: Welcome back. I'm pleased to introduce our two last panelists, Katherine Piper to my immediate right and Kim Wiatrak to my far right. Katherine recently joined Calpine Corporation in Dublin where she's senior counsel for operations in the Western region. Prior to joining Calpine, she spent nine years as a corporate financial restructuring attorney at a large firm, focusing on all aspects of the acquisition, divestiture, and restructuring ...

Recorded on: Feb. 23, 2012

LOTHAR DETERMANN: So, welcome back, everybody, to our program, IP Issues in Business Transactions. And following the exciting, fascinating topic of taxes, the only thing that could really top that is going to be bankruptcy. And we have a speaker here with Dave Kennedy, who is not only a bankruptcy expert, but also has a considerable amount of IP licensing and commercial expertise, and can help bridge both worlds. David has spoken at this program ...

Recorded on: Jan. 13, 2012

MANNY: Good afternoon, everyone. My name is Manny Grillo, I'm a partner at Goodwin Procter. I'm the chair of the firm's bankruptcy practice. One, I'd like to thank those of you who are here in the room today for bearing the inclement weather, and also sort of hanging out till the end and enduring us. Hopefully we will make it worth your while for this last hour or so. I'd like to take a moment and introduce the members of the panel. All the way down ...

Recorded on: Nov. 21, 2011

Welcome back everyone. I should say it now because I don't know that we mentioned it earlier but for those of you who are in the PLI studio audience here, and for those of you watching at your offices or homes, there is a means by which you can, in the studio, you can raise your hands and ask questions at any point. And for those watching on the webinar, you can also type in on your computer the question you may have, and it comes up on a screen  ...

Recorded on: Nov. 21, 2011

ANDREW DENATALE: OK, we'll get started. Confirmations. Confirmation assumes that the planned proponent has first determined the preferred course to maximize the value of the estate, allocated the value among the constituents, obtained court approval of the disclosure statement, and solicited acceptances to the plan. The final step is to hold a hearing on confirmation of the plan as required by Section 1128(a). The purpose of the confirmation hearing ...

Recorded on: Nov. 21, 2011

HOWARD WEG: Welcome back, everyone, and good morning. Today we are on day two of our journey through learning the nuts and bolts of corporate bankruptcy law, an interesting and fun journey for those of us who practice in the area. I again want to encourage those in the PLI studio audience and those listening on the web to ask questions if you're here and type questions into the computer access that they give you for the web participants, and I will ...

Recorded on: Nov. 21, 2011

HOWARD J. WEG: All right, everyone, welcome back. The last hour and a quarter we're going to be covering the subject of the employee and compensation trustees and professionals in bankruptcy cases. And it's going to expand into the area of talking about when others, other interests, when creditors and the professionals might get compensated and how we treat prepetition claims for attorneys' fees, proofs of claims for them, objections to them as well, ...

Recorded on: Nov. 21, 2011

SPEAKER 1: Welcome back, everybody. I'm pleased to present our next panel. On my far right, we have Lewis Kruger, who I introduced earlier from Strook & Strook & Lavan in New York. Next to him is David Shemano, my partner from Los Angeles at Peitzman, Weg & Kempinsky. And next to David, we have Debra Grassgreen, a partner at Pachulski, Stang Ziehl & Jones, which has offices in New York, in Delaware, Los Angeles, and San Francisco, ...

Recorded on: Nov. 21, 2011

SPEAKER 1: [UNINTELLIGIBLE]. All right, ladies and gentlemen, now as I said a moment ago, we're going to move into the heart of Chapter 11 and what reorganization is all about. The speakers on my far left, Ali Mojdehi, who you saw yesterday present executory contracts with me. Gerry Munitz will continue to provide color commentary throughout. And Andrew DeNatale is a partner in the Offices of Stroock & Stroock & Lavan in Los Angeles and co-chair ...

Recorded on: Oct. 12, 2011

MARC MILLER: OK. We're staying on schedule. And we're now on our second to last session. 2:45 to 4:00 PM. Talking about solvency, restructuring, and bankruptcy. We're going to talk more about the concept you've heard, I think, initially yesterday morning around going concern. Hear about earnings, liquidity, financing, restructuring options. Obviously those with regard to solvency issues and the like. So we're pleased to have the following two gentlemen ...