valuation fights in bankruptcy

VALUATION FIGHTS IN BANKRUPTCY

Part of the COMMERCIAL BANKRUPTCY LITIGATION 2015 Series

Premier Date: July 7, 2015


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MEET THE FACULTY

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PANELISTSLaura Davis Jones Pachulski Stang Ziehl & Jones LLPAdam Nach Lane & Nach, P.C.Teresa Pilatowicz Garman Turner Gordon LLP


MODERATORBeau Hays,

Hays, Potter & Martin

CLLA is the leader in providing expertise, insight and results to and for attorneys, credit grantors and their

partners in the credit and business communities. For more information, visit www.clla.org.

DISCLAIMER: THE MATERIAL IN THIS PRESENTATION IS FOR INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT BE CONSIDERED LEGAL ADVICE. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE WHAT MAY BE

BEST FOR YOUR INDIVIDUAL NEEDS

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Practical and entertaining education for business owners and executives, Accredited Investors, and their

legal and financial advisors.

For more information, visit www.financialpoisewebinars.com

DISCLAIMER:

THE MATERIAL IN THIS PRESENTATION IS FOR INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT BE CONSIDERED LEGAL ADVICE. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE WHAT

MAY BE BEST FOR YOUR INDIVIDUAL NEEDS

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ABOUT THIS EPISODE

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Valuation is a critical issue in in many aspect of a bankruptcy case, including in motions to lift the stay, fraudulent transfer litigation, and plan confirmation. Attend this webinar to learn about how valuation fights are waged and how they are won.

EPISODES IN THIS SERIES

EPISODE #1 How to Defeat a Single Asset Real Estate Case5/5/15

EPISODE #2 Professional Responsibility in Bankruptcy Cases 6/2/15

EPISODE #3 Valuation Fights in Bankruptcy 7/7/15

EPISODE #4 Overview of Fraudulent Transfer Litigation 8/4/15

EPISODE #5 Fighting About Involuntary Bankruptcy Petitions 9/8/15

EPISODE #6 Cash Collateral and DIP Loans 10/6/15

EPISODE #7 Anatomy of Preference Litigation 11/3/15

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(Dates below are premier dates; all webinars also available on demand)

Valuation ApproachesVALUATION FIGHTS IN BANKRUPTCY

Underlying Asset MethodsVALUATION FIGHTS IN BANKRUPTCY

Income Based ApproachesVALUATION FIGHTS IN BANKRUPTCY

Market Based ApproachesVALUATION FIGHTS IN BANKRUPTCY

Avoidance ActionsVALUATION FIGHTS IN BANKRUPTCY

Fraudulent Transfer Issues


Plan Confirmation IssuesVALUATION FIGHTS IN BANKRUPTCY

FeasibilityVALUATION FIGHTS IN BANKRUPTCY

MORE ABOUT THE FACULTYVALUATION FIGHTS IN BANKRUPTCY

James [email protected]

James (Beau) W. Hays, is a principal in Hays Potter & Martin LLP, has acted as lead counsel in litigation matters, specializing in commercial disputes and bankruptcy law for over twenty years. He has successfully prosecuted federal Miller Act cases and bankruptcy creditors’ cases in federal and state courts around the country.

In 1995, with HPM partner Emory Potter, Mr. Hays founded the commercial law firm of Hays & Potter, PC, which was recognized nationwide as a pre-eminent source of counsel and expertise in service of the business credit community. Mr. Hays is a Past President of the Commercial Law League of America (CLLA), having served as Recording Secretary of the League, Chair of the Creditors’ Rights Section, Chair of the Southern Region, and a representative to the Board of Governors. In addition to being active in the Bankruptcy Section of CLLA, he is an Associate Member of the National Association of Bankruptcy Trustees. Mr. Hays was a founding member of the Creditors Rights Section of the State Bar of Georgia, and has served as Legislative Liaison for that Section.

He is an editor for the National Association of Credit Management’s Handbook of Credit and Commercial Laws, focusing on chapters related to materialman’s liens and construction bonds, and is regularly invited to speak on creditors’ issues, construction law, and bankruptcy for the National Association of Credit Management and many of its constituent credit groups. He is regularly an advocate for creditor’s rights at the state and federal level.

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mailto:[email protected]

MORE ABOUT THE FACULTY

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LAURA DAVIS JONES

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Laura Davis Jones is a name partner and the managing partner of the Delaware office of Pachulski, Stang, Ziehl, & Jones. She gained national recognition as debtor's counsel in the Continental Airlines bankruptcy case, and has represented numerous debtors, creditors' committees, bank groups, acquirers, and other significant constituencies in national chapter 11 cases and workout proceedings. She lectures at national bankruptcy and litigation seminars, and has authored numerous articles. Laurawas named "Deal Maker of the Year" by The American Lawyer in 2002 and has also been profiled in The American Lawyer.Laura has been named continuously by her peers as one of the "Best Lawyers in America" and as one of the "Best Lawyers in Delaware." In addition to being named a "Delaware Super Lawyer" every year since 2007, she was selected as one of the top ten lawyers in Delaware in 2007 and 2008. She is included among Chambers USA America's "Leading Lawyers for Business," and ranked among the top-tier Bankruptcy/Restructuring lawyers in Delaware. Laura has been recognized in the K&A Restructuring Register since its inception, has been named repeatedly to the International Who's Who of Insolvency and Restructuring Lawyers, and has been listed among the "Lawdragon 500 Leading Lawyers in America" since 2005. She holds an AV Preeminent Peer Rating, Martindale-Hubbell's highest rating for ethical standards and legal ability. Laura is a graduate of University of Delaware and received her J.D. from Dickinson School of Law, where she was on the board of editors and business manager for the Dickinson Law Review, as well as to serve on the Appellate Moot Court Board. Laura is admitted to practice in Delaware and the District of Columbia.

[email protected]



MORE ABOUT THE FACULTY

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ADAM NACH

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[email protected]

CLLA Member, Adam Nach is the managing partner of Lane & Nach, PC . Mr. Nach was the judicial law clerk to the former Chief Bankruptcy Judge for the District of Arizona, Robert G. Mooreman.

He is a frequent lecturer on bankruptcy law and creditors’ rights and has written extensively on such matters, for the Norton Bankruptcy Institute, the National Association of Bankruptcy Trustees, the Arizona State Bar, and the National Business Institute.

Mr. Nach is also admitted to the Arizona State Bar and 9th Circuit Court of Appeals and the United States Supreme Court.

Mr. Nach is a Board Certified Bankruptcy Law Specialist – State Bar of Arizona and Board Certified – Creditors’ Rights Law – American Board of Certification.


MORE ABOUT THE FACULTYTeresa Pilatowicz

Ms. Pilatowicz is of counsel with the newly-formed law firm of Garman Turner Gordon LLP. She is a member of the firm’s Business Restructuring & Bankruptcy Department. Her practice is concentrated in the areas of corporate restructuring and insolvency including representation of trustees, debtors, and creditors in all aspects of Chapter 11 cases, including adversary proceedings. Prior to joining the firm she was senior counsel at the law firm of Gordon Silver. In 2013, Ms. Pilatowicz was selected as one of 40 young bankruptcy attorneys nationwide to participate to participate in the prestigious National Conference of Bankruptcy Judges Next Generation Program. The Next Generation Program is designed to host up-and-coming bankruptcy practitioners. Currently, Ms. Pilatowicz is located in Phoenix, Arizona, but maintains an active practices in both Arizona and Nevada.


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[email protected]


The ChamberWise™ Education Consortium is a resource for Chambers of Commerce to provide its members with valuable member benefits by offering relevant business education webinars; and generate revenue for the Chamber as well.

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Visit www.chamberwise.org


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About Financial Poise™

DailyDAC, LLC, d/b/a Financial Poise™ provides continuing education to business owners and executives, investors, and their respective trusted advisors. Its

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Who We AreCLLA is the leader in providing expertise, insight and results for attorneys, credit grantors and their partners in the credit and

business communities.

Founded in 1895, CLLA’s membership includes attorneys, collection agencies, judges, trustees, turnaround managers and

other credit and finance experts.


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FOR ATTORNEYS CLLA is a trusted resource that can help you market your

services and connect with clients who have a range of commercial law, collection, creditors’ rights and

bankruptcy law needs.


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FOR CREDIT GRANTORSAs the trusted commercial credit and legal market

partner, the CLLA informs its members and the general public about important industry issues – and helps credit industry members understand, protect, and resolve their

routine and complex legal needs.


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knowledge and insight, get up-to-date information on collection, credit and commercial law issues that could

affect your work -- and gain crucial legislative influence.


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IMPORTANT NOTE:THE MATERIAL IN THIS PRESENTATION IS FOR

GENERAL EDUCATIONAL PURPOSES ONLY. IT SHOULD NOT BE CONSIDERED LEGAL,

INVESTMENT, FINANCIAL, OR ANY OTHER TYPE OF ADVICE ON WHICH YOU SHOULD RELY.

YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL ADVISOR TO DETERMINE WHAT MAY BE BEST FOR YOUR INDIVIDUAL NEEDS.

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