Business Bankruptcy: Chapter 11 Essentials and More

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 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

Listed below are testimonials from our California Bankruptcy program(s):

“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

Jeffrey P. Bast, Esq.
Partner
Bast Amron, Attorneys at Law

Jeffrey Bast’s practice focuses on bankruptcy and insolvency, emphasizing corporate reorganization, restructuring, creditors’ rights, workouts, and commercial litigation in several industries, including real estate, retail, healthcare, telecommunications, internet and technology, hotels, textiles, transportation, franchise operations, travel, aviation, manufacturing, and financial institutions.

Jeff also provides insolvency-related advice and has extensive experience with all aspects of bankruptcy litigation, appeals and legal opinions for complex transactions.

He now represents corporate debtors, shareholders, trustees, receivers, indenture trustees and creditors’ committees, as well as financial institutions and other secured and unsecured creditors in complex workouts, reorganizations and liquidations.


Allison R. Day, Esq.
Partner
Genovese, Joblove & Battista, P.A.

Allison R. Day, a shareholder of Genovese Joblove & Battista, P.A., specializes in all areas of bankruptcy, business reorganization, and creditors’ rights. Ms. Day has handled numerous Chapter 11 reorganizations and liquidations on behalf of debtors, creditors, creditor committees and trustees. Additionally, she has represented debtors, trustees and creditors in bankruptcies under Chapters 7 and 13 including the former Standing Chapter 13 Trustee for the Southern District of Florida. She also specializes in the representation of both assignors, assignees and creditors in assignment for the benefit of creditors’ proceedings and receivers in both State and District Courts receivership proceedings.

Ms. Day is "AV" rated by Martindale-Hubbell. She is listed in Woodward/White’s The Best Lawyers in America, has also been named as one of Florida’s Top 50 Female attorneys and a Super Lawyer by Florida Super Lawyers magazine, and has been honored as one of South Florida’s top lawyers by South Florida Legal Guide and Florida Trend magazine. Additionally, Ms. Day is the immediate past Chair of the Florida Network of the International Women’s Insolvency and Restructuring Confederation (IWIRC) and is a Past President of the Bankruptcy Bar Association of the Southern District of Florida.

Ms. Day currently serves as an adjunct professor at the University of Miami School of Law and formerly taught at Barry University. She has lectured for the American Bankruptcy Institute, National Business Institute, Lorman Education Services, Put Something Back of Miami-Dade County, the Florida Bar, and the Bankruptcy Bar Association for the Southern District of Florida. Ms. Day is also a member of the Commercial Law League of America, the American Bankruptcy Institute and American Bar Association. In addition, she received the 2007 "Put Something Back" Pro Bono "Bankruptcy" Award for providing outstanding pro bono legal services or free legal assistance to the needy population of Miami-Dade County.

Ms. Day is a member of the Florida Bar and is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit and the United States District Courts for the Middle and Southern District of Florida. She earned her Juris Doctor in 1984 from the University of Missouri – Kansas City School of Law and her Bachelor of Arts in both Political Science and History from the University of Colorado at Boulder in 1981.


David L. Gay, Esq.
Associate
Berger Singerman LLP

As a member of the firm’s Business Reorganization and Dispute Resolution Teams, David’s practice includes representation of various parties in insolvency and restructuring matters, and a wide range of litigation matters in both federal and state courts, at the trial and appellate levels.  Prior to attending law school, David served as a Military Intelligence Officer in the United States Army.


Monique D. Hayes, Esq.

The Hayes Firm, PLLC

Monique D. Hayes practices in the areas of business transactions and litigation, corporate restructuring, bankruptcy, and estate planning. Prior to entering private practice, Ms. Hayes served as law clerk to U.S. Bankruptcy Judge Laurel Myerson Isicoff and a housing attorney at Legal Services of Greater Miami, Inc.

Ms. Hayes is a member of the American Bar Association (ABA) – Business Law Section, the Bankruptcy Bar Association S.D. Fla., the American Bankruptcy Institute, the International Women’s Insolvency and Restructuring Confederation (IWIRC) – Florida Network Chair, and the Wilkie D. Ferguson Jr. Bar Association. She is also a member of the ABA Business Bankruptcy Committee and served as its 2013-2015 Fellow. Ms. Hayes frequently serves as a writer, commentator, and panelist on business law issues.

In the community, Ms. Hayes is an active philanthropist and has been recognized among the United Way Miami-Dade Young Leaders. She is a member of the Miami Foundation Fellows Class 7 and received the Blackshear Fellowship Award, which is given to select candidates each year by the National Conference of Bankruptcy Judges. Ms. Hayes has also been honored by the University of South Florida as the 2014 Young Alumnus of the Year and received the Sojourner Truth Award from the Miami- Dade Business & Professional Women’s Alliance in recognition of her service to women in the business community. Most recently, Ms. Hayes received the Katherine Heidt Award from the Business Bankruptcy Committee of the ABA Business Law Section in recognition of her leadership, scholarship, and service to the profession.

Ms. Hayes was included in the 40 under 40 Outstanding Lawyers of Miami- Dade County by the Cystic Fibrosis Foundation, received the IWIRC Rising Star Award and has recently been recognized by Brickell Magazine as one of the Top 20 Professionals Under 40. She has also been lauded as a “Florida Rising Star” by Super Lawyers Magazine and a “Top Up and Comer” by Florida Trend magazine.

Ms. Hayes is a member of the Florida Bar and has been admitted to practice before the United States District Courts for the Southern and Middle Districts of Florida. She received her Juris Doctor degree, cum laude, from the University of Miami School of Law. While at UM Law, Ms. Hayes was a member of the Bar and Gavel Honor Society. She was named to the Dean’s List, awarded the Dean’s Honor Scholarship, and received the C.A.L.I. Excellence for the Future Award in Chapter 11 Bankruptcy Skills. She received her undergraduate degree in Political Science with honors from the University of South Florida.


Jonathan S. Leiderman, Esq.
Founding Shareholder
Leiderman Shelomith Alexander + Somodevilla, PLLC

Jonathan S. Leiderman is a founding Shareholder at Leiderman Shelomith, P.A.  He handles personal bankruptcy and corporate bankruptcy matters.

Prior to forming the firm, Jonathan served as a law clerk to the Honorable Alan L. Postman, former Circuit Court Judge in Miami-Dade County, Florida.  Jonathan obtained a B.B.A. from the University of Massachusetts at Amherst and a J.D. from the University of Miami School of Law.


Michael L. Schuster, Esq.

United States Attorney’s Office, SDFL

Michael L. Schuster concentrates his practice on bankruptcy, creditor remedies and civil litigation. Mr. Schuster represents trustees, committees, receivers and assignees as well as individuals and businesses. He has extensive experience in liquidation, debt restructuring and corporate reorganization including Chapter 7 and 11 bankruptcy proceedings, adversary proceedings, assignments for the benefit of creditors and workouts.

Mr. Schuster is an active member of the American Bankruptcy Institute and the Bankruptcy Bar Association for the Southern District of Florida. He is also active in the Eleanor R. Cristol and Judge A. Jay Cristol Bankruptcy Pro Bono Assistance Clinic and has participated in numerous bankruptcy conferences and seminars. Mr. Schuster has been recognized as a "Rising Star" by the Florida Super Lawyers magazine.

Mr. Schuster is a member of the Florida Bar and is admitted to practice before all State, District and Bankruptcy Courts in Florida. He has also made appearances in Bankruptcy Courts in Michigan, New Jersey and Minnesota.  Mr. Schuster received his Juris Doctor, cum laude, from the University of Florida College of Law, where he was President of the Florida Moot Court Board and a member of the Order of the Coif, the Order of the Barristers and Florida Blue Key. Mr. Schuster earned his Bachelor of Science in Psychology, cum laude, from the University of Florida College of Liberal Arts and Sciences, where he served on the student government as Student Senator and Judiciary Committee Vice-Chair.


Zach B. Shelomith, Esq.
Founding Shareholder
Leiderman Shelomith, P.A.

Zach B. Shelomith is a founding Shareholder at Leiderman Shelomith, P.A.  He handles personal bankruptcy matters, corporate bankruptcy matters, Assignments for the Benefit of Creditors and, bankruptcy litigation.

Prior to forming the firm, Zach served as a Judicial Intern to the Honorable A. Jay Cristol, Chief Bankruptcy Judge Emeritus for the Southern District of Florida.  Zach obtained a B.B.A. from the University of Miami and a J.D. from the University of Miami School of Law, where he was awarded the American Bankruptcy Journal Prize.


Fees

Audio Course and Materials Package – CD or Download: $425

CD: plus $7.50 shipping and, in CA, sales tax.

CLE Credit

FL General:  This program is approved for 7.5 hours of general MCLE credit in Florida, including 5.5 hours of Business Litigation certification credit through December 5, 2015.

FL CLE note: If you would like CLE credit in Florida, you may email them and request it. Unless there have been changes to the law since the recording, they will generally approve it. They can be reached at: clemail@flabar.org. If you would need any information for your application, or would like us to apply, please let us know.

CA General: This program is approved for 6.0 hours of California MCLE credit, including 0.5 hour ethics credit.

CA Certified Legal Specialist:  This program is approved for 5.5 hours of Business Litigation certification credit in Florida through December 5, 2015.

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
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