Association of Insolvency & Restructuring Advisors

Business Valuation in Bankruptcy: Tools & Techniques

February 23-24, 2004

Held in conjunction with the Norton Bankruptcy Litigation Conference, February 21-24

Conference Highlights

On February 23 and 24, 2004, the AIRA held its Business Valuation in Bankruptcy Conference in Park City, Utah. Attendees had the opportunity to hear from various distinguished bankruptcy professionals on the complex topics of adequately developing cost of capital and cash flow projections for distressed companies, valuation issues related to recovery actions, and defending/challenging the value of a reorganized business. The conference also included an exceptional discussion of the lessons learned from various “Chapter 22” filings, a discussion that included the real world examples of Geneva Steel and FAO Schwartz.

The conference was held in conjunction with the Norton Bankruptcy Litigation Conference and included joint sessions with various bankruptcy judges and attorneys including the Honorable Leif Clark, the Honorable Glen Clark, Ralph Mabey, Larry Kaiser, Susan Freeman, and J. Thomas Beckett. The AIRA’s sponsored cocktail reception provided attendees the opportunity to network with various bankruptcy judges and attorneys, as well as other practitioners in the informal setting of a ski lodge nestled at the foot of the mountain. At the AIRA’s sponsored luncheon, Grant Newton also formally announced to attendees the Association’s new Distressed Business Valuation Designation program, which will be offered to AIRA members that currently possess the certified insolvency and restructuring advisor (CIRA) designation.

Special thanks go to all who participated in the success of this conference.

Written by:
Paul Novak,
Goldsmith Agio Helms & Lynner, Inc


Park City Marriott, Park City Utah

1895 Sidewinder Drive
P.O. Box 4439
Park City, UT 84060 USA

Phone: 1 435-649-2900
Fax: 1 435-649-4852

Please mention "Norton Conference" when making hotel reservations in order to receive the special room rates ($199.00 per night) for attendees.

 


This program is designed to provide practitioners with an in-depth analysis of the techniques and approaches used to estimate the cost of capital, assess the adequacy of cash flow projections and effective serve as an expert witness dealing with valuation issues.

AIRA members may register for the balance of the Norton Bankruptcy Litigation Institute I for an additional charge of $500. Don't miss this opportunity to visit with attorneys attending the Norton Bankruptcy Conference and learn more about how to litigate valuation and other related issues.


Registration Fees

AIRA Members & Non-members: $400
Government employees: $125
Norton Bankruptcy Litigation Institute I: $500

Please note that attendees who submit registrations after 5 p.m. February 18th, will not be on the conference sign-in sheet and will not have pre-printed nametags. Please bring your receipt with you to the door on the day of the conference so you can be added to the sign-in sheet and a name tag can be hand-written for you.

Cancellation Policy:
Cancellations made after February 17th, 2004 are subject to a $50 dollar processing fee.


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Application for CLE credit has been made with the States of Utah and California. CLE credit may vary between 11 and 13 hours.

CPE Credits also available

Conference Schedule

Monday, February 23, 2004
Afternoon Moderator: Grant Newton, Pepperdine University, Malibu CA

2:00 - 3:45pm Cost of Capital for Chapter 11 Companies

Bernard Pump, Deloitte & Touche LLC, Chicago, IL
Paul Shields, Neilson Elggren LLC, Salt Lake City, UT
Paul Novak, Goldsmith Agio Helms & Lynner, Inc., Minneapolis, MN

Content: Unique issues associated with determining the cost of capital including approaches to sue and adjustments to make.

3:35 - 4:00pm Break

4:00 - 5:30pm Valuation Issues Related to Recovery Action

Renton Squires, Huron Consulting Group LLC, San Francisco, CA
Allen Arnett, Huron Consulting Group LLC, Chicago IL

Content: A discussion of unique problems that arise in determining value for solvency, inadequate credit balance or incurring debt beyond the ability to pay purposes.

5:30 - 7:00 pm:
Reception with participants attending the Norton Bankruptcy Litigation Institute I.
Sponsored by the Association of Insolvency and Restructuring Advisors


Tuesday, February 24, 2004

7:30 - 8:30 am Defending and Challenging the Value of the Reorganized Business (Joint session with the Norton Bankruptcy Institute I)

Honorable Leif M. Clark, U.S. Bankruptcy Court, San Antonio TX;
Tracy Gopal, Ernst & Young Corporate Finance LLC, Charlotte NC;
Bernard Pump, Deloitte & Touche LLC, Chicago IL

8:30 - 9:30am Litigation and Chapter 11 Cases (Joint session with the Norton Bankruptcy Institute I)

Honorable Leif M. Clark, U.S. Bankruptcy Court, San Antonio TX;
Honorable Glen Clark, U.S. Bankruptcy Court, Salt Lake City, UT
Ralph R. Mabey, LeBoeuf, Lamb, Greene & MacRae LLP, Salt Lake City, UT
Laurence Kaiser, Fisher & Fisher, New York, NY
Susan M. Freeman, Lews & Roca, LLP, Phoenix, AZ

Content: Litigation in Chapter 11 cases, first day orders, operating and financing, sale of assets and confirmation cases.

9:45 - 11:30am Litigation and Chapter 11 Cases (continued)

11:45am - 1:00pm Lunch: AIRA Update, Current Developments Impacting the Financial Advisor
Speaker: Grant Newton, Pepperdine University, Malibu, CA

1:00 - 2:30pm Cash Flow Projections

Tracy Gopal, Ernst & Young Corporate Finance LLC, Charlotte, NC
Miles Molyneaux, The Parkland Group, Inc., Cleveland, OH

Content: A discussion of issues associated with developing and adjusting cash flows (grass roots vs. corporate), developing or testing growth rate and how to use comparative company analysis in assessing the validity of cash flow assumptions.

2:30 - 2:45pm Break

2:45 - 4:30pm Lesson Learned from Chapter 22

David Miller, Ernst & Young Corporate Finance LLC, Atlanta, GA
Philip Lieberman, Windes & McClaghry Accountancy Corp, Long Beach, CA

Content: A discussion of issues associated with adequately determining plan feasibility and other operations problems.

4:30pm Adjourn

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