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Park Central New
York
870 Seventh Avenue at 56th
New York, NY 10019 |
Designed to cover cutting edge legal and financial
insolvency and bankruptcy issues and deal with the impact that the
2005 Bankruptcy Act had on plans of reorganization and other contemporary
issues faced by professionals and debtors in restructuring companies
in today’s economy.
Networking cocktail reception honoring Hon. Burton R. Lifland, Bankruptcy
Judge, Southern District of New York following the educational program,
sponsored by Arent Fox PLLC, Kaye Scholer LLP and Wells Fargo
Sponsors:
Online
Registration:
$345
(Members* on or before 9/6/06)
$395
(Members* after 9/6/06)
$375 (Non-Members on
or before 9/6/06)
$425 (Non-Members after 9/6/06)
$100 (Judges, US Trustees and other
government employees)
Cocktail Reception Only Members:
$60
Cocktail Reception Only Non-Members:
$80
Cancellation Policy:
There will be a $50 fee for cancellations made after 9/1/06
A limited number of rooms are available at the
Park Central New York. For reservations call (212) 707-5700 or (800)
346-1359.
* Members of AIRA and/or NYIC
8 Hours of CPE/CLE Credits
Available Please Note:
* Application for New York CLE credit is pending approval.
* CLE for other states will be applied for upon request
Need Help? E-mail
us
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Conference
Schedule
:
7:30 -
8:30 Registration and Continental Breakfast
8:30 – 9:00
Introduction and Opening Remarks
Confirmation Legal and Financial Issues of
the Year
Reinstatement and Impairment; and Substantive Consolidation
Speakers:
Andrew I. Silfen, Arent Fox PLLC – Co-chair
William K. Lenhart, CIRA, BDO Seidman, LLP – Co-chair
9:00 – 10:30
Restructurings Under the 2005 Bankruptcy Amendments – A Year
in Review – The Paper Anniversary
Moderator:
Alan D. Holtz, CIRA, AlixPartners LLC
Speakers:
Hon. Allan L. Gropper, U.S. Bankruptcy Court, Southern District
of New York
Hon. Kevin J. Carey, U.S. Bankruptcy Court, District of Delaware
Dennis Dunne, Milbank, Tweed, Hadley & McCloy LLP
Marc D. Rosenberg, CIRA, Kaye Scholer LLP
James McGinley , Wilmington Trust Company
Content: The panel will explore
the impact of the bankruptcy amendments on Chapter 11 proceedings,
the developing body of case law and how lawyers and judges have
been dealing with and responding to the amendments. The panel will
discuss cases dealing with and interpreting the amendments, including
lessons from the major cases filed over the last year. The panel
will discuss the changes to creditor committees and how creditor
committees have functioned since the amendments. The panel will
also discuss the leading decisions and case law issued over the
past year from the 2d and 3d Circuit.
10:30 – 11:30 Preserving
Tax Attributes, L(5) and L(6) Plans of Reorganization and Claims
and Equity Trading Orders
Moderator:
Jack Williams, CIRA, BDO Seidman, LLP
Speakers:
Hon. James M. Peck, U.S. Bankruptcy Court, Southern District of
New York
Thomas Moers Mayer, Kramer Levin Naftalis & Frankel LLP
Pauline Morgan, Young Conaway Stargatt & Taylor, LLP
Stephen M. Brecher, Weiser LLP
Content: The panel will discuss
and analyze the preservation and use of tax attributes including
NOLs. The program will address plans of reorganization using Section
382 of the Internal Revenue Code and the related issues and pitfalls
with respect to such plans. The panel will also discuss the implications
of the application of Section 382(l) (5) or (6) the strategies with
respect to preservation and use of NOL’s. The speakers will
provide an in-depth analysis of claims and equity trading orders
including a study of controlling case law, litigation strategies
and benefits and negatives of such orders as well as lessons from
recent cases.
11:30 – 11:45
Break Sponsored by Duane Morris LLP
11:45 – 12:45
Creditor and Liquidating Trusts and Distributing Plan Assets –
Structure, Administration, Tax and Jurisdictional Issues
Moderator:
Nick D. Tally, Wells Fargo
Speakers:
Matthew Schwartz, CIRA, Bederson & Co. LLP
Michael Lastowski , Duane Morris LLP
Robert K. Malone, Drinker Biddle & Reath LLP
Content: The panel will discuss
the structure of and issues pertaining to creditor and liquidating
trusts and plans of reorganization or liquidation creating or implementing
a trust. The panel will explore the issues and problems facing trustees
under creditor or liquidating trusts, including administration and
tax matters, standard of care and duties and dealing with creditors
and beneficiaries. The panel will discuss in detail creditor and
liquidating trust agreements, post confirmation jurisdiction, claim
preclusion, and the interplay between trusts and plans.
12:45 – 1:45 Lunch
Sponsored by Bederson & Company LLP and Wilmington Trust Company
Keynote Speaker:
Arthur B. Newman, Blackstone Group - Will The Restructuring Work
Ever Come Back?
1:45 – 2:45 Dealing
with Pension and Benefit Issues, The PBGC and Other Giants –
Deal or No Deal
Moderator:
Carol Connor Flowe , Arent Fox PLLC
Speakers:
Jeffrey B. Cohen, Chief Counsel , PBGC
Sharon Levine , Lowenstein Sandler PC
Content: PBGC’s deficit
remained at a staggering $23 billion this past year, and PBGC continues
to be a significant stakeholder in many of the largest bankruptcies
in the nation, such as Delta Airlines, Northwest Airlines, and Delphi.
All of the panelists were involved in the recently-concluded United
Airlines case, which raised many of the issues that parties often
face in these sometimes contentious situations, including the interaction
between Bankruptcy Code § 1113 and the pension plan termination
provisions of ERISA, the authority of PBGC to enter into settlement
agreements providing for plan termination, permissible grounds for
involuntary plan termination, and the amount of PBGC’s claims.
2:45 – 3:45 Deepening
Insolvency – Legal and Financial Issues
Moderator:
Elliot Fuhr, CIRA, FTI Consulting Inc.
Speakers:
Hon. Arthur J. Gonzalez, U.S. Bankruptcy Court, Southern District
of New York
Adam L. Rosen, Rosen Slome Marder LLP
Scott A. Zuber, Pitney Hardin LLP
Content: The panel will discuss
the recent cases shaping this rapidly developing area of the law,
the theory of deepening insolvency and the defenses with respect
thereto, the financial issues pertaining to proving or defending
deepening insolvency actions and the issues with respect to minimize
potential liability and exposure to officers, directors, lenders
and professionals. The panel will also analyze whether this tort
claim should be or is an independent cause of action and whether
it is based upon sound bankruptcy jurisprudence.
3:45 – 4:00
Break Sponsored by BDO Seidman, LLP
4:00 – 5:00
Second Lien, Rescue, Exit and Alternative Financings – The
New Age of Restructurings, Capital and Non-Traditional Lenders
Moderator:
Bill Derrough, Jefferies Group, Inc.
Speakers:
Mitch Drucker, CIT Business Capital
Janet Silverman, Cerberus Capital Management, L.P.
Stephen D. Quinn, Cyrus Capital Partners, L.P.
Perry Mandarino, Traxi LLC
Moderator: Second lien loans and
non-traditional rescue and exit financing have enjoyed explosive
growth over the last several years. The panel will discuss the different
types and structure of non-traditional financing, the range of market
terms, the issues pertaining to multi-tranche agents and conflicts,
the risks associated with such financings, current market conditions
and trends and relative advantages and disadvantages of these types
of financings. The panel will also share lessons and experience
from second lien financings and share insights regarding the future
of alternative financings. The panel will end with a discussion
on how to find, identify and obtain alternative financing and practice
types on how to attract such financing.
5:00 – 6:30
Cocktail Reception – Honoring Hon. Burton R. Lifland, Southern
District of New York
Sponsored by Arent Fox PLLC, Kaye Scholer LLP and Wells Fargo
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