Business Bankruptcy: Chapter 11 Essentials and More (CA)

Audio program! (check our CLE Programs page for live versions)

This seminar covers procedures and strategies of the typical Chapter 11 case from pre-bankruptcy planning through plan confirmation and beyond.

This audio program is very comprehensive and covers the multitude of perspectives related to bankruptcy cases, including: creditor, debtor and other parties in interests, financial advisors and judges.

This program is designed for the newer bankruptcy attorney, with some intermediate level concepts.

We highly recommend this program for the beginner to intermediate level practitioner.

This program was recorded in 2014.

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What You Will Learn

  • Alternatives to Bankruptcy
  • Negotiation/workout
  • Assignments for the benefit of creditors and receiverships
  • Director and officer duties/liabilities before bankruptcy
  • Pre-Bankruptcy Considerations &  Commencement of Chapter 11
    • Critical issues
      • Identifying the goals and exit strategy for the Chapter 11 case
      • Assessing feasibility and timelines
      • Anticipating and addressing issues that could derail the restructuring
      • Managing internal and external communications, determining where and when to file
    • Chapter 7 distinguished (and Chapters 9, 12, 13, 15), preparing schedules
    • Voluntary/involuntary
    • Schedules and Statement of Financial Affairs (SOFA)
    • Employment and fee issues with respect to professionals, how are they paid, etc.
    • Governance during bankruptcy
    • Trustee compliance
    • Service/notice
  • First Day Motions
    • Individual v. Corporate
      • DIP financing/cash collateral
      • Pre-petition wages
      • Critical vendors
      • Management incentive plans v. retention plans
      • Limiting notice
      • Setting claim bar date, etc.
      • Utility deposits
      • Maintaining bank accounts
      • Joint administration v. substantive consolidation
      • Procedures for 503(b)(9)
  • Official and Other Informal Committees
    • Types of official and informal committees
      • Creditor
      • Retiree
      • Equity
      • Ad hoc
      • FRBP 2019
    • Solicitation of committees by counsel
    • Formation and role in a case
      • Pre- and post-filing
    • Duties of committee members and counsel
    • Protection of confidential information
    • Internal governance and operation of the committee
    • Litigation issues
    • Procedure – impact of automatic stay
      • Stern v. Marshal Supreme Court Case decision, issues
      • Actions by/against debtor
      • Property of estate includes claims belonging to the debtor
      • Void v. Voidable
      • Retroactive annulment of stay
      • Application to individuals, etc.
    • Procedure – venue/forum
      • Core/non-core
      • Contested matters/adversary proceedings
      • Removal
      • Remand and abstention, etc.
    • Claims against creditors & others
      • Avoidance actions
        • Strong-arm powers
        • Preferences
        • Fraudulent transfers, etc.
      • Non-Bk claims
        • Contracts, torts, post-petition claims, etc.
        • Can trustee assert alter-ego and derivative claims?
        • Does in pari delicto defense apply?
    • Claims by creditors
      • Classification
        • Secured
        • Priority
        • Unsecured
      • Special types of claims landlords (502(b)(6))
      • 20-day vendors of goods (503(b)(9))
      • Whether vendor can be paid and also use goods as “new value” for 547(c)
      • Whether 502(d) applies to 503(b)(9)
      • Rejection damage claims, etc.
    • Employee wage and benefit claims
      • Governmental claims related to underfunded workers compensation and retirement benefit plans
      • Potential personal liability for managers/owners under state law
  • Sales & Executory Contracts and Leases
    • Court approval issues
    • Sales of substantially all assets
    • Section 363 v. Plan
    • Sales free and clear of liens
    • Claims and interests
    • Executory contracts and leases
      • Cure, assume, assign
        • Non-assignable contracts under the “hypothetical” & “actual” tests
        • Possible solutions
      • Financial accommodation contracts
      • Intellectual property (365(n)), etc.)
  • Chapter 11 Plan Formulation and Confirmation
    • Classification & voting
    • Cramdown
    • Competing plans/exclusivity
    • Pre-packaged & pre-negotiated plans
    • Plan injunctions in favor of non-debtors
    • Effect of discharge and re-vesting of property upon confirmation
    • Limitations on ability to discharge certain claims
      • i.e., Exide and on-going environmental clean-up liabilities
  • Individual Debtors in Chapter 11 Cases
    • Absolute priority rule
    • Key differences from Chapters 7 and 13
  • Single Asset Real Estate & Small Business Cases
    • Special rules
    • Timeline
    • Issues

Testimonials

“Excellent program overall. Love that the practical points and insider views of the speakers” – Sarah LaBarbara. Esq.

“Very good coverage of the basics and practice tips” – Rena Kreitenberg, Esq.

“Great presentation!” – Joseph Garibyan, Esq.

“Very helpful” – Joy Johnson, Esq.

“Nice general overview. Panel had a good knowledge base both academic and practical” – Jeff, Esq.

“Excellent course” – Sally Rowshan, Esq.

”Best survey of business bankruptcy. Good mix of basics and details.” – Runo Fernandez

”Seminar was very comprehensive.” – Bud Ferrer, Esq.

”The panel was very approachable and knowledgeable.” – Mike Jaurigue, Esq.

”Very satisfied with the tools and scope of presentations.” – Geoff Wiggs, Esq.

”Satisfied regarding Chapter 11 bankruptcy essentials. Panel gave good overview of Chapter 11 cases as well as giving practical experience and advice.”

Listed below are testimonials from our Bankruptcy programs held in other states:

“Good, timely and pertinent information!! Delivered what was promised!” – Charles R. Steinberg, Esq. (Washington)

“All of the individuals appeared to have an in-depth knowledge of the subject.” – William G. Schneberg, Esq.

“Knowledge was outstanding!”

Faculty

Gillian N. Brown, Esq.
Attorney
Pachulski Stang Ziehl & Jones

Ms. Brown has litigated matters in California state courts, federal district courts, and federal bankruptcy courts. She is a graduate of the University of California at Berkeley and attended the Centro Studi della Boston University in Padova, Italy. At Boalt Hall School of Law, she was a notes & comments editor for the California Law Review and book review editor of the Berkeley Women’s Law Review. Ms. Brown clerked for the Honorable William M. Hoeveler in the United States District Court for the Southern District of Florida.

Ms. Brown’s practice includes representing clients in general business litigation, including contract disputes, business tort litigation, and unfair competition actions. She has also prosecuted and defended class actions and complex litigation, defended employees and employers in employment discrimination matters, and represented sex abuse survivors in bankruptcy cases involving the Roman Catholic Church. Ms. Brown was named a “Southern California Super Lawyers Rising Star” every year from 2004-2008. She is fluent in Italian.


Douglas Flahaut, Esq.
Associate
Arent, Fox LLP

Doug Flahaut is an associate in the bankruptcy and financial restructuring group, where he focuses on bankruptcy and insolvency, reorganization and related business litigation matters.

During 2008 and 2009 Doug served as a judicial law clerk to Judges Peter H. Carroll and Robert N. Kwan of the US Bankruptcy Court for the Central District of California. He also served as a staff attorney for the Ninth Circuit Bankruptcy Appellate Panel. 

Prior to his clerkships, Doug was an associate at a boutique litigation law firm in Southern California. He litigated complex civil disputes, including a fight for control of a large family owned corporation that was successfully removed to Bankruptcy Court. Doug also successfully litigated a specific performance action for the turnover of a million commercial property.

Doug is an active member of the Los Angeles County Bar Association, the Southern California Bankruptcy Inn of Court, the American Bankruptcy Institute and the Federal Bar Association.  He received his J.D. from the University of California, Los Angeles, in 2006.

Doug is fluent in Spanish and has a working knowledge of French. He enjoys skimountaineering and fly fishing.


Kavita Gupta, Esq.
Partner
Gupta | Ferrer LLP

Kavita Gupta’s practice focuses on representing a variety of debtors and creditors in all phases of complex distressed financial situations including out of court workouts and Chapter 11 cases. She has experience in large-scale restructurings and insolvencies and has advised clients in distressed situations across a variety of industries including retail, hospitality, real estate, manufacturing, finance and non-profit organizations.   Ms. Gupta has also been appointed as a Chapter 11 Trustee by the Office of the United States Trustee.

Ms. Gupta frequently writes and lectures on a variety of bankruptcy issues.  Her most recent publications are  "Chasing the Money: Pursuing a Debtor’s Shareholders under Alter-Ego Liability Theory," XXXI ABI Journal No. 11, 14, 74-75 (December/January 2013) and "Confirmation Issues Facing a Nonprofit Debtor,"  XXXI ABI Journal No. 3, 32, 111-112 (April 2012).   

Ms. Gupta is a graduate of University of Southern California Gould School of Law.


Michael M. Lauter, Esq.
Associate
Sheppard, Mullin, Richter and Hampton, LLP

Mr. Lauter is an assocaite in the Finance and Bankruptcy Practice Group in the firm’s San Francisco Office.

Mr. Lauter specializes in bankruptcy, creditor’s rights, receiverships, workouts and foreclosures.  His practice includes representing debtors, creditors and committees in bankruptcy, representing lendors and special servicers in workouts, foreclosures and receiverships, and representing state and federal court receivers.  Mr. Lauter also has significant experience in representing lenders in real estate and asset based financings, and representing buyers in real estate purchases and sales.


Robert L. Eisenbach III, Esq.
Of Counsel
Cooley, LLP

Robert L. Eisenbach III is Of Counsel in the Cooley Corporate Restructuring & Bankruptcy practice group. He joined the Firm in 1986 and served as Partner from 1993 to 2011. He is resident in the San Francisco office.

Listed in The Best Lawyers in America ® for Bankruptcy and Creditor-Debtor Rights Law, and recognized as one of Northern California’s Super Lawyers®, Mr. Eisenbach focuses his practice on restructuring, bankruptcy, distressed M&A, and related litigation. He is regularly involved in cases throughout the country, including California, Delaware and New York.

For more than 20 years, Mr. Eisenbach has guided companies and their boards of directors through Chapter 11, out-of-court restructurings, and recapitalizations, whether a billion dollar company restructuring publicly-held debt, a middle market company or a technology start-up. He is often asked to bring his distressed M&A expertise to bear in helping private equity and company clients navigate the unique issues involved when buying or selling assets of financially troubled or bankrupt companies.

On the creditor side, he frequently represents unsecured creditors’ committees in Chapter 11 cases in a range of industries, including retail, semiconductor and storage technology, biotechnology, and healthcare. In addition, he has specific expertise in Chapter 15 cross-border bankruptcy cases involving companies in Europe and Asia. He has also litigated a wide variety of bankruptcy-related disputes, director and officer liability litigation, complex commercial litigation and intellectual property cases.

Mr. Eisenbach publishes In The (Red)®: The Business Bankruptcy Blog, to help CEOs, CFOs, boards of directors, credit professionals, in-house counsel and others stay informed about important business bankruptcy issues and developments. He is also a regular commentator on bankruptcy issues in the press, having been quoted in The Wall Street Journal, Venture Capital Journal (Thomson Reuters), Distressed Debt Investor, and the legal newspapers The Recorder and Daily Journal, among others.

He has developed a national reputation for helping clients deal with the intersection of intellectual property and bankruptcy law, representing licensors, licensees and others on these complex issues. He testified before the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 on intellectual property licenses, their treatment in bankruptcy cases, and potential reforms to address several key issues. He has also served as Vice-Chair of the Subcommittee on Technology-Oriented Bankruptcies of the Business Bankruptcy Committee of the American Bar Association’s Business Law Section and is a frequent speaker on the interplay between bankruptcy and intellectual property law, as well as other aspects of bankruptcy law.

Before joining Cooley, Mr. Eisenbach served as a law clerk to the late Judge Albert Tate Jr., of the U.S. Court of Appeals for the Fifth Circuit in New Orleans. He received a J.D. in 1985 from the University of Virginia School of Law, where he was a member of the Order of the Coif, and completed his undergraduate education at Louisiana State University, where he graduated in 1982, summa cum laude, with a B.A. in Political Science and Economics. Upon graduation from LSU, he was awarded the University Medal for Highest Academic Achievement and received a Phi Kappa Phi National Graduate Fellowship.


Bradley D. Sharp, Esq.
Senior Vice President
Development Specialists, Inc.

Bradley Sharp is a Senior Vice President with DSI’s Los Angeles office. Prior to joining DSI in 1993, Mr. Sharp was a Vice President and Commercial Loan Collection Officer with Bank of America, NT&SA.  Mr. Sharp has substantial experience in providing crisis management and consulting services to companies in various industries including real estate, consumer finance, high tech and agriculture. He has operated and sold public and privately held troubled companies in and out of bankruptcy. Mr. Sharp is also an expert witness with respect to banking, finance and securitizations.  Mr. Sharp is currently the chapter 11 trustee for Namco Capital Group, Inc., a West Los Angeles based real estate investment company formerly operated by Ezri Namvar.  Mr. Sharp is also the chapter 11 trustee for SK Foods, LP, a Monterey California based processor of tomato products.  SK Foods principal, Scott Salyer, recently plead guilty to racketeering and price fixing.


 

Fees

Audio Course Material Package Download: $425

Audio Course Material Package CD: $425, plus $7.50 shipping and, in CA, sales tax.

 

CLE Credit

CA General:  This program is approved for 6.0 units of general CLE in California.

CA Certified Legal Specialist:  This program is approved for 3.75 hours of California legal educational specialist credit in Bankruptcy Law as follows:

  • A2: 3.50 hours; F: .25 hours.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

 

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$425.00 each

Recorded in 2014.

Clear