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Fundamentals of Corporate Bankruptcy and Restructuring
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A Nuts & Bolts Guide to Chapter 11 Proceedings |
Location:
Your office or conference room (no need to travel!) |
Date : Audio CD Available |
Time(s): |
- Eastern Time
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- GMT
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Hosted By : Beard Group Law and Business Publishers |
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This conference will include:
With this audio CD recording from April 2006, you'll receive insights into the complexities at each stage of a Chapter 11 filing. Using an entertaining, real-world case study, you'll cover:
- What is Corporate Restructuring?
- The Evolution of Corporate Restructuring
- The Corporate Restructuring Process
- United Artists Restructuring Case Study
- Questions & Answers/Discussion Session
This program is designed for attorneys, paralegals and other bankruptcy specialists throughout the United States who work primarily in the areas of bankruptcy and/or labor and employment law.
DETAILED AGENDA
What is Corporate Restructuring?
a) The Bankruptcy Act of 1800 1898
b) The Bankruptcy Reform Act of 1978
c) The Bankruptcy Reform Act of 2005
The Evolution of Corporate Restructuring
a) He who cannot pay with his purse, pays with his skin Historical stigma of bankruptcy
b) Bankruptcy as Strategy: Avoiding Financial Burden & Shifting Financial Risk
- Strategic Advantages (Successful outcomes Steel industry, Barneys,Federated, Service Merchandise, etc.)
- Board members fiduciary duty; government regulations and requirements (i.e.Sarbanes-Oxley)
c) Empirical Data on Growth of Chapter 11 Market
- Where we have been: 1970-1990 No. of filings
- Where we are: No. of filings & No. of companies emerging
- Where we are going: High Yield Market Growth rate; more wide spread acceptance crossing International borders (Chapter 15)
The Corporate Restructuring Process
a) Pre-Petition | Contingency Planning | Filing | Due Process/Notice | Claims Process | Plan of Reorganization | Emergence
b) Introduction to United Artists Theatre Company Case Study
The Cast of Characters and their Roles
a) The DIP Debtor in Possession (UA Theater)
b) Secured Creditors (Banks i.e. BofA, Other Distressed Investors i.e. P. Anschutz; Hedge Funds; Institutional Investors)
c) General Unsecured Creditors (Trade creditors; Bondholders, Retirees i.e. Nachos vendors)
d) Equity Holders (i.e. Merrill Lynch)
Act 1: Pre-Petition Activities
a) The Beauty Pageant (Kirkland & Ellis Denver, CO)
b) Decision to Commence Restructuring Contingency Planning
Act 2: Contingency Planning Preparation
a) Map the Corporate Structure (UA Org Chart, 10-K, 10-Q)
b) Map the Capital Structure (Assets, Sr. Secured Debt, Lien Debt, Bonds Tiered structure)
c) Identify Business Operations & Revenue Sources (IMAX relationship) Legal tenets
d) Automatic Stay (what it is, how its relevant determining UA entities to file Chap. 11)
e) Avoidable transfers
f) First day motions (identify critical vendors studies, distributors, employees, gift certificates)
Act 3: Filing Chapter 11 Petition
a) Organizing the Creditors
- Creditor Matrix
- List of Creditors holding 20 largest unsecured claims
- Creditors Committee
- First day motions Officially in Chapter 11
Act 4: Due Process/Notice
a) Public announcement of Chapter 11 filing & notice of deadline to file claim
b) Anecdote: Theater usher in coma
Act 5 (Scene 1): Claims Process Burden Shifting
a) Schedules of Assets & Liabilities/Statement of Financial Affairs
b) Notice of Bar Date
c) Filing Proof of Claims
d) Claims objections/reconciliation
e) Anecdote: Nancys Nachos
Act 5 (Scene 2): Negotiation of Restructuring Strategy
a) Plan Negotiations
- Cast of Characters
- Development of Reorganization Plan
b) Disclosure Statement/Court Approval
c) Commence Solicitation
d) Ballot Tabulation
e) Confirmation
Act 6: Successful Emergence
a) Plan Confirmation & Effective Date
b) Disbursement Process
The Encore
a) Status of United Artists business today
b) Doing business beyond restructuring
c) Top 5 Rules for Corporate Restructuring
Question & Answer/Discussion Session
(i.e., venue/predictability of result; distressed investing; hedge funds; timing, etc.)
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Speaker(s): |
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Jonathan A. Carson, J.D.
Kurtzman Carson Consultants LLC
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A former corporate restructuring attorney, Jonathan possesses an in-depth understanding of Chapter 11 and serves as an industry expert on trends and developments within the evolving corporate restructuring arena. He co-founded Kurtzman Carson Consultants LLC (KCC) to pursue a shared vision for fast, efficient and highly reliable client service from the perspective of professionals who understand corporate restructuring and its administrative challenges. Today, KCC is a leading claims and noticing agent that provides administrative-support services and technology solutions to the corporate restructuring industry.
Prior to establishing KCC, Jonathan was a corporate-restructuring attorney with Kirkland & Ellis LLP in the firms Chicago office, as well as at Pachulski, Stang, Ziehl, Young & Jones P.C in Los Angeles. He began his professional career as the Judicial Law Clerk to the Honorable Geraldine Mund, United States Bankruptcy Judge, Central District of California (Los Angeles).
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Fundamentals of Corporate Bankruptcy and Restructuring
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Conference Audio CD + Written Materials |
US$ |
35.00 |
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