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  • Navigating Shifting Ground in Workouts and Chapter 11 Bankruptcies

Navigating Shifting Ground in Workouts and Chapter 11 Bankruptcies

  • 06 Apr 2017
  • 6:00 PM - 8:30 PM
  • Omni Hotel


(depends on selected options)

Base fee:
  • Lawyers in Gov't Services
  • *no attendance

The Omni Hotel
251 S. Olive Street
Los Angeles, CA 90012



Kenneth N. Klee, Klee, Tuchin, Bogdanoff & Stern LLP
Jonathan M. Weiss, Klee, Tuchin, Bogdanoff & Stern LLP

This program will focus on recent important decisions by the circuit courts and (perhaps) the Supreme Court bearing on corporate restructurings.

First, the panelists will discuss the holding and import of Marblegate Asset Management, LLC v. Education Management Finance Corp., 846 F.3d 1 (2d Cir. 2017), petition for rehearing filed and pending (2d Cir. Feb. 8, 2017) (No. 15-2124).  In Marblegate, a 2-1 panel of the Second Circuit restored the historic understanding of what section 316(b) of the Trust Indenture Act prohibits.  What are the implications and remaining unresolved issues regarding coercive bond exchanges and other transactions after Marblegate?

Second, the panelists will discuss either:

            1.         The Supreme Court’s holding in Czyzewski v. Jevic Holding Corp., Case No. 15-649, if a decision is issued by the Court on or before the date of the program; or

            2.         The holding and implications of the 2-1 panel decision in Pacifica L 51 LLC v. New Investments, Inc. (In re New Investments, Inc.), 840 F.3d 1137 (9th Cir. 2016), which eliminated the rule allowing a curing debtor to avoid a contractual post-default interest rate under the Entz-White case.

Registration and Cocktails
6:00 p.m.- 6:45 p.m.

6:45 p.m. - 7:30 p.m.

7:30 p.m. - 8:30 p.m.

MCLE Credit

This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. The Financial Lawyers Conference certifies that this activity conforms to the standards for approved educational activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

Pre-registration deadline is Monday, April 3. After Monday, April 3, the registration fee increases by $5.00. Cancellations must be received by the pre-registration deadline of Monday, April 3.

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