aira · aira’s 18th annual advanced restructuring & plan of reorganization conference...

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13th Annual Advanced Restructuring & Plan of Reorganization Conference Up to 8 CPE / 7 CLE Credits - Application for New York CLE pending approval; CLE for other states applied for on request Fund for Education 221 Stewart Ave, Suite 207 Medford, OR 97501 (541) 858-1665 NON-PROFIT ORGANIZATION U.S. POSTAGE MEDFORD, OR PERMIT NO. 404 The Association of Insolvency & Restructuring Advisors (AIRA) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219- 2417. Website: www.learningmarket.org. AIRA Association of Insolvency & Restructuring Advisors AIRA Association of Insolvency & Restructuring Advisors

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Page 1: AIRA · AIRA’s 18TH ANNUAL ADVANCED RESTRUCTURING & PLAN OF REORGANIZATION CONFERENCE NOVEMBER 18, 2019 Sponsored by: Learn about the benefits, pitfalls, and possible hurdles to

13th Annual

Advanced Restructuring & Plan of Reorganization

Conference

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Page 2: AIRA · AIRA’s 18TH ANNUAL ADVANCED RESTRUCTURING & PLAN OF REORGANIZATION CONFERENCE NOVEMBER 18, 2019 Sponsored by: Learn about the benefits, pitfalls, and possible hurdles to

REGISTRATION RATESRegister online at www.AIRA.org

CONFERENCE & RECEPTION AIRA MEMBER NON-MEMBERConference Rate

Government/Academic/JudicialRECEPTION ONLY

No refunds will be given for cancellations after November 07, 2019; substitutions will be allowed. AIRA has a Financial Aid Policy. For more information or to apply, contact Sue Cicerone at [email protected].

$395

$115$75

David Bart, CIRA, CDBV, RSM US LLPLiz Boydston, K&L Gates

Stephen Darr, CIRA, CDBV, HuronKenneth Enos, Young Conaway Stargatt & Taylor, LLP

Steve Fleming, CIRA, CDBV, PwCSheryl Giugliano, Diamond McCarthy LLP

Benjamin Mintz, Arnold & Porter LLPRussell Perry, CIRA, Ankura

Marc Rosenberg, Drivetrain, LLCBoris Steffen, CDBV, GlassRatner

Michael Sullivan, CIRA, Deloitte CRG

10:45 – 11:00 AM Introduction and Opening Remarks

Co-Chairs: Mike Lastowski, Esq., Duane Morris LLP Brian Ryniker, CIRA, Ryniker Consultants, LLC

11:00 AM – 12:00 PM In Focus: The Net-Short Debt Strategy Paradigm

Disputes between debtors and creditors are common if not ubiquitous in bankruptcy. Certain investors are no longer motivated by the expectation that the debtor will pay its obligation in full at maturity, however. Instead, these investors acquire a “long” position in a debt instrument such as a bond, which on default will produce a profit on a larger “short” position in the company’s debt, equity or derivatives. Examples include the cases of Windstream Holdings, Codere SA, iHeartCommunications Inc. and Hovnanian Enterprises Inc. The panel will delve into the particulars of the net-short debt strategies and their risks and market effects.

Panel: Boris Steffen, CDBV, GlassRatner (Moderator) Marc Brown, AlixPartners, LLP Emil A. Kleinhaus, The Brattle Group Marti P. Murray, The Brattle Group David C. Smith, University of Virginia

12:00 -12:30 PM Lunch Break

AIRA’s 18TH ANNUAL ADVANCED RESTRUCTURING & PLAN OF REORGANIZATION CONFERENCE

NOVEMBER 18, 2019

Sponsored by:

Learn about the benefits, pitfalls, and possible hurdles to litigation funding which has significantly impacted civil litigation, and is seeping into the bankruptcy world as well. This panel will address the mechanics, myths, and realities of litigation funding in civil and bankruptcy litigation, including the proposed Litigation Funding Transparency Act.

Panel: Stephen B. Darr, CIRA, CDBV, Huron (Moderator) Joel Cohen, Stout Risius Ross, LLC Marty Flics, Parabellum Capital Jonathan Goldin, Goldin Associates Hon. Alan Trust, U.S. Bankruptcy Court, Eastern District of New York

12:30- 1:30 PM Litigation Funding (In and Out of Bankruptcy): Good or Evil?

2:45 – 4:15 PM 2019 - The Year in Review from the Perspectives of Judges and Attorneys

This presentation will examine significant decisions of the past year, with emphasis on cases from the 2nd and 3rd Circuits.

Panel: Kenneth Enos, Young Conaway Stargatt & Taylor, LLP (Moderator) Michael R. Lastowski, Duane Morris LLP (Moderator) Hon. Kevin J. Carey (ret.), U.S. Bankruptcy Court, District of Delaware Hon. Robert D. Drain, U.S. Bankruptcy Court, Southern District of New York Hon. Rosemary Gambardella, U.S. Bankruptcy Court, District of New Jersey

4:30 - 5:30 PM Mass Torts in Bankruptcy

This panel will survey the current environment for handling mass tort claims through a bankruptcy proceeding. Issues include: case timing and funding; available insurance coverages; definitions of property of the estate and rights to beneficial interests; applicable deductibles/SIRs and indemnification rights; available policy limits and exclusions; estimation of claims vs. negotiation, claims verification, claims administration, and motions to file class proofs of claim; investigating the business; fraudulent transfers; establishment of settlement trusts to handle claims; and planning for a viable/feasible solution and outcome whether in a for-profit or not-for-profit business setting. Some recent cases of note include Insys, Takata Corp., various Catholic Diocese and other religious entities.

Panel: David Bart, CIRA, CDBV, RSM US LLP (Moderator) Justin R. Alberto, Bayard, P.A. Hon. Kathryn C. Ferguson, U.S. Bankruptcy Court, District of New Jersey Susan N.K. Gummow, Foran Glennon Arik Preis, Akin Gump Strauss Hauer & Feld LLP

AIRA Recognizes:The Honorable Kathryn C. Ferguson Chief Judge, U.S. Bankruptcy Court, District of New Jersey

5:30 – 6:45 PM Reception and 2018 Judicial Service Award Presentation

Sponsored by:

$425

$115$95

TThank you to AlixPartners for sponsoring the Conference App, and to Epiq for sponsoring the Charging Station.

1:30 – 2:30 PM Healthcare Bankruptcies and Regulatory Considerations

The panel will discuss the dynamic regulatory issues distressed healthcare providers face in Chapter 11 bankruptcy filings, including a discussion on pre-filing and first day considerations, the interplay between government provider agreements and the automatic stay, and the courts views on issues such as recoupment rights and executory contracts.

Panel: Russell Perry, CFA, CIRA, Ankura (Moderator) Liz Boydston, Polsinelli Karen Cordry, National Association of Attorneys General Hon. Nancy Hershey Lord, U.S. Bankruptcy Court, Eastern District of New York Samuel R. Maizel, Dentons

2:30 -2:45 PM Refreshment Break

Sponsored by:

Planning Committee

Co-Chairs Mike Lastowski, Esq., Duane Morris LLP

Brian Ryniker, CIRA, CBIZ MHM, LLC

4:15 - 4:30 PM Refreshment Break

Sponsored by:

10:30 - 10:45 AM Refreshment Break

Sponsored by: