Business Bankruptcy 101: Chapter 11 Nuts and Bolts (Recorded Package and OnDemand)

What You Will Learn

Part 1: Tuesday, September 19, 2023
10:00 – 2:00 Pacific time (includes 15 min in breaks)
12:00 – 4:00 Central time (includes 15 min in breaks)
1:00 – 5:00 Eastern time (includes 15 min in breaks)

10:00 a.m. – 10:50 a.m. PDT
12:00 p.m. – 12:50 p.m. CDT
1:00 p.m. – 1:50 p.m. EDT
Pre-Bankruptcy Considerations & Commencement of Chapter 11
Jeffrey Bast and Steven Fox 

• Chapter 7 vs. 11 vs. 13 in a nutshell
• Voluntary vs. Involuntary Filings
• Ascertaining if the Business and Principals Can Survive and Grow in a Chapter 11
• The Initial Consultation and What Happens Before the Consultation
• The Attorney as Advisor, Businessperson, Advocate & Fiduciary. in Chapter 11
• The Exit Strategy – the goals
• The Bankruptcy Petition, Schedules and Statement of Financial Affairs
• Employment of Professionals; consequences for not obtaining court approval
• Role of U.S. Trustee and trustee in chapter 11 cases
• U.S. Trustee compliance requirements

10:50 a.m. – 11:50 a.m. PDT
12:50 p.m. – 1:50 p.m. CDT
1:50 p.m. – 2:50 p.m. EDT
First Day Motions
Reno Fernandez

• Cash collateral motion and order
• Retention or Employment applications
• Debtor-in-Possession Financing
• Offering Adequate Protection to Utilities
• Setting Fee Procedures in Larger Chapter 11 Cases
• Cash Management (or Handling the Bank Accounts)
• Case Management Summary (or the Case Status Report)

11:50 a.m. – 12:00p.m. PDT
1:50 p.m. – 2:00 p.m. CDT
2:50 p.m. – 3:00 p.m. EDT
BREAK (10 min)

12:00 p.m. – 12:40 p.m. PDT
2:00 p.m. – 2:40 p.m. CDT
3:00 p.m. – 3:40 p.m. EDT
Automatic Stay
Nicole Noel

• Actions by/against debtor
• Property of estate includes claims belonging to the debtor
• Void v. voidable
• Retroactive annulment of stay
• Application to individuals, etc.
• Multi filer cases
• Creditor’s Perspective

12:40 p.m. – 1:40 p.m. PDT
2:40 p.m. – 3:40 p.m. CDT
3:40 p.m. – 4:40 p.m. EDT
Claims and Claims Objections
Reno Fernandez and Nicole Noel

• Claims against creditors & others
  • Non-BK claims
    • Contracts, torts, post-petition claims, etc.
    • Can trustee assert alter-ego and derivative claims? 

• 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.

1:40 p.m. – 2:00 p.m. PDT
3:40 p.m. – 4:00 p.m. CDT
4:40 p.m. – 5:00 p.m. EDT
Official and Other Informal Committees
Jaime Leggett

• Types of official and informal committees
  • Creditor
  • 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

Part 2: Thursday, September 21, 2023
10:00 – 2:00 Pacific time (includes 15 min in breaks)
12:00 – 4:00 Central time (includes 15 min in breaks)
1:00 – 5:00 Eastern time (includes 15 min in breaks)

10:00 a.m. – 10:50 a.m. PDT
12:00 p.m. – 12:50 p.m. CDT
1:00 p.m. – 1:50 p.m. EDT
Sales
Allison Day 

• Sales of substantially all assets
• Section 363 v. Plan
• Sales free and clear of liens
• Sales process
• Practice pointers – risks and benefits
• Executory Contracts and Leases:
  • Cure, assume, assign

10:50 a.m. – 12:25 p.m. PDT
12:50 p.m. – 2:25 p.m. CDT
1:50 p.m. – 3:25 p.m. EDT
Chapter 11 Plan Formulation and Confirmation
Steven Fox and Jeffrey Bast
(there will be a 5 min break during this session)

• Types of Plans – Reorganizing or Liquidating
• Statutes, one section at a time, so, 1129(a)(1), (a)(2), (a)(3), etc.
• Disclosure statement – Examine sample Disclosure Statements
• Check List of Required Information
• The Plan Feasibility
• Classification & voting
• Cramdown
• Absolute Priority Rule
• New Value Monies
• Market Testing
• Competing plans/exclusivity
• Plan injunctions and discharges for non-debtors
• The Confirmation Hearing
• Effect of discharge and re-vesting of property upon confirmation
• Plan – Examine sample plans

12:25 p.m. – 12:35 p.m. PDT
2:25 p.m. – 2:35 p.m. CDT
3:25 p.m. – 3:35 p.m. EDT
BREAK (10 min)

12:35 p.m. – 2:00 p.m. PDT
2:35 p.m. – 4:00 p.m. CDT
3:35 p.m. – 5:00 p.m. EDT
Subchapter V (Small Business Debtor Reorganization)
Jaime Leggett

• Eligibility – Who Qualifies for Subchapter V
• Subchapter V Trustee – Their Role and Powers
• Timeline – An Accelerated Process
• Plan Confirmation – New “Fair and Equitable” Test and Elimination of the Absolute Priority Rule and Impaired Assenting Class Requirement
• Various Case Law Developments – Discharge ability, Ability to File a Plan, Plan Modification, and Other New Issues

Testimonials

“Excellent presentations. Interesting topics. Great intro to bankruptcy.” – Christopher Murray, Esq.

“Great program.” – Jeffrey Unap, Esq.

“I thoroughly enjoyed learning about this new field.” – Nicole M Paredes-Kennedy, Esq.

“Very Satisfied.” – Lisa M. Lucena, Esq.

“Great class.” – Jose Vinicius Bicalho Costa Jr., Esq.

“David Samole was excellent! This is very helpful, specific information I can use in my practice.”  – Lenard Wittlake, Esq.

“Good range of topics and none of the presentations went beyond the basics of this specialized practice which is good.” – Christopher Murray, Esq.

“The program was very good and helpful. Very satisfied because I am adding bankruptcy as an area of practice.”

“Generally, very good. I used to represent creditors in bankruptcy matters and wanted an update / refresher. This was helpful.”

“Excellent quality and content, presenters have been great. Very satisfied. Excellent refresher of basic (and common) bankruptcy issues.”

“All of the speakers were great!  The speakers explained each topic in a way that was easy to follow and interesting to listen.  I enjoyed the sections with two speakers.  It did not seem like I was learning, more like I was listening to a conversation between two colleagues.  The PowerPoints contained important statutes — which was concise. The handout materials are great!  Thank You!”

“Excellent quality and content, presenters have been great. Very satisfied. Excellent refresher of basic (and common) bankruptcy issues.”

“Presentation was very good and informative.”

“Gave great examples.”

“Lots of good information and good outline to refer to after and descriptions on why it was needed.”

“The last speaker was fantastic.”

“Thought the presenters were knowledgeable and good speakers–especially enjoyed the last presenter.”

“The program was great. A lot of good information.”

“Each of the speakers were knowledgeable on the subject matter and were good about answering Q&A questions.”

“Very informative.”

“Today was helpful.”

“Very comprehensive on complex topics.”

“Really good.”

“Great program.”

“Very good; moves fast; informative; good handouts.”

“Nice to have practical advice on retainers and client red flags.”

“The last speaker was fantastic.”

“All presenters were great but Reno Fernandez stands out. Excellent materials and presentation.”

“Thought the presenters were knowledgeable and good speakers–especially enjoyed the last presenter.”

“Presentation was very good and informative.”

“Gave great examples.”

“The program was great. A lot of good information.”

“Very informative.”

“Today was helpful.”

“Very comprehensive on complex topics.”

“Really good.”

“Great program.”

Faculty

Jeffrey P. Bast, Esq.
Partner
Bast Amron LLP

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
Venable LLP

Allison Day helps clients handle challenges in all areas of bankruptcy, business reorganization, and creditors’ rights. Allison has handled numerous Chapter 11 reorganizations and liquidations on behalf of debtors, creditors, creditor committees, and trustees. She has also 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. In addition, she regularly represents assignors, assignees, and creditors in assignment for the benefit of creditors’ proceedings and receivers in both state and district court receivership proceedings.

Allison is a 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. She is also a founding member of the Florida Fiduciary Forum. She is a current member of the American Bankruptcy Institute, National Association of Bankruptcy Trustees, and American Bar Association.

A sought-after speaker, Allison serves as an adjunct professor at the University of Miami School of Law and formerly taught at Barry University.  She has shared her insight with many prestigious organizations, including the American Bankruptcy Institute, Pincus Professional Education, the National Business Institute, and Lorman Education Services. She has also presented for The Florida Bar and the Bankruptcy Bar Association for the Southern District of Florida, as well as the nonprofit Dade Legal Aid – Put Something Back. 

Reno Fernandez, Esq.

Binder & Malter, LLP

Reno Fernandez represents businesses and individuals in complex bankruptcy law appeals. He is certified as a specialist in bankruptcy law by the California Board of Legal Specialization, and protects the interests of creditors, debtors, trustees, and other parties in bankruptcy-related appellate matters. Reno has appeared in the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit, the Bankruptcy Appellate Panel for the Ninth Circuit, the U.S. District Court for the Northern District of California, and other courts sitting in an appellate capacity under the Bankruptcy Code. He also consults on general bankruptcy litigation in the U.S. Bankruptcy Courts.

He has represented and advised many types of business and individuals with bankruptcy issues. Reno’s experience includes representing technology companies, equipment manufacturers, equipment lessors, banks, hedge funds, medical clinics, residential care facilities, shopping centers, apartment and office buildings, hotels, food and beverage, retail chains, farms, wineries, churches, and nonprofits. Reno has also overseen creditor recovery, receiverships, and assignments for the benefit of creditors.

Reno also participates on a number of prominent bankruptcy law-related committees. He was chair of the Insolvency Law Committee of the State Bar of California, a member of the organizing committee of the National Conference of Bankruptcy Judges’ Next Generation Program, a member of the board of directors of the Bay Area Bankruptcy Forum, and chair of the Commercial Law & Bankruptcy Section of the Bar Association of San Francisco.

He has received a number of honors for his work. Reno is rated a “Northern California Super Lawyer” by Super Lawyers Magazine, and as a “Top Attorney” by San Francisco Magazine. He was twice awarded an Outstanding Volunteer Award by the Bar Association of San Francisco.

Reno earned his law degree from Golden Gate University School of Law. There, he made the Dean’s List, won a Witkin Award, and earned three CALI Awards for Excellence. Reno has a bachelor’s degree in philosophy from the University of California, Berkeley.

Steven R. Fox, Esq.
Principal
The Fox Law Corporation, Inc.

Steven R. Fox heads a small firm in Encino, California where he limits his practice to representing debtors and creditors in bankruptcy. Mr. Fox is noted for his use of chapter 11 to reorganize small and medium businesses.

Mr. Fox received his bachelor’s degree from the University of California and his J.D. degree from Loyola Marymount University School of Law. He clerked for the Honorable Richard Stair, United States Bankruptcy Judge, Eastern District of Tennessee.

Mr. Fox is a member of the State Bar of California, the American Bankruptcy Institute, the Los Angeles Bankruptcy Forum, the National Association of Consumer Bankruptcy Attorneys and the San Fernando Valley Bar Association (former trustee). Mr. Fox frequently speaks and writes on bankruptcy topics. Mr. Fox is one of the founders of the Central District Consumer Bankruptcy Attorneys Association.

Jaime Leggett, Esq.

Bast Amron LLP

 Jaime Leggett practices in the areas of bankruptcy and complex commercial litigation.  His experience includes investigating and prosecuting director and officer liability claims; representing trustees, creditors, equity holders, and debtors in bankruptcy proceedings; federal and state court commercial litigation; and trials in federal, bankruptcy, and state courts nationwide.

Prior to joining the firm, Jaime worked for a firm in New York City handling complex commercial and bankruptcy litigation.  Previously to that firm, Jaime served as a law clerk to U.S. Bankruptcy Judge Allan Gropper of the Bankruptcy Court for the Southern District of New York and U.S. Bankruptcy Judge Arthur Weissbrodt of the Bankruptcy Court for the Northern District of California.

Nicole Mariani Noel, Esq.
Shareholder
Kass Shuler, P.A.

Nicole Mariani Noel is a Shareholder at Kass Shuler, PA., where she has been practicing in the fields of Bankruptcy, Creditors’ Rights and Insolvency, Real Estate, Consumer and Business Litigation since 2009. Ms. Noel heads the Bankruptcy practice group for the firm and handles cases throughout the State of Florida, including the Northern, Middle and Southern Districts.

Her membership includes the American Bankruptcy Institute, The Florida State Alumni Real Estate Network, Tampa Bay Bankruptcy Bar Association (TBBBA), The Florida Bar, and the American Legal and Financial Network. Ms. Noel CoChairs the Bankruptcy Practice Group for the American Legal and Financial Network (ALFN) and formerly CoChaired the Case Law Update Subcommittee for the Real Property Finance and Lending Committee of the RPPTL Section of the Florida Bar. Most recently, Ms. Noel joined the Board of Directors for the Tampa Bay Bankruptcy Bar Association and Chaired the Pro Bono and Community Service Committee and later served as the Editor for The Cramdown, the quarterly publication of the TBBBA.

Her published work includes Was Brown a Rash Decision? (The Cramdown, Summer 2014); Incompatible Personalities: Investigating the Mutually Exclusive Nature of § 1322(b)(2), (5) (ABI Journal, November 2012) and Stripping Down Your Spouse: Tenancy by the Entirety Property Ownership under § 506 (ABI YLC Newsletter, September 2012).

Ms. Noel is active in the community and frequently volunteers her time to speak at local Universities on topics which include ethical concerns facing young attorneys, time management, and first year law practice pointers.

Ms. Noel is an adjunct professor at St. Petersburg College teaching Bankruptcy and Civil Litigation. She participated in the 2016 NextGeneration program held by the Bankruptcy Judges during the National Conference of Bankruptcy Judges (NCBJ). Ms. Noel was honored to become a Fellow for the Florida Bar Leadership Academy. She has also been named one of ALFN’s Junior Professionals and Executives Group (JPEG)’s stand-out young professional to watch in 2016.

She received her undergraduate degree from The Florida State University and her Juris Doctor and Masters of Business Administration degrees from Stetson University College of Law and Stetson University School of Business Administration.

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $429

Audio Only* Recording & Materials Package – CD or Download:  $429

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $479

For CDs, please add $8.50 shipping and, in CA, sales tax.

This program will be recorded live on September 19 & 21, 2023.

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device because there is a folder with your seminar materials in the download. 

(Recorded packages are available approximately two to three weeks after the seminar is held.)

CLE Credit

CA:  This program is approved for 7.5 units of CLE in California.

WA:  This program is approved for 7.5 units of CLE in Washington through September 18, 2028.

FL:  This program is approved for 9.0 units of CLE in Florida through March 31, 2025.

GA: This program is approved for 7.5 units of CLE in Georgia.

IL: This program is approved for 7.5 units of CLE in Illinois through September 18, 2025.

NV: The Recorded Package of this program is NOT approved for CLE in Nevada (live only – not the recorded package).

OR: This program is approved for 7.5 units of CLE in Oregon through September 18, 2026.

AK: This program is approved for 7.5 units of CLE in Alaska through September 18, 2028.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 7.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

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. Many attorneys ask for this and are approved in other states.