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Complex Confirmation Issues

Level: Advanced
Runtime: 75 minutes
Recorded Date: August 26, 2021
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• Applicable Bankrtupcy Code Sections
        - Section 105(a)
        - Section 524(e)
        - Section 1123(b)
• Debtor Releases
• Excuplation Releases
• Third-Party Releases
• Conclusion

Runtime: 1 hour, 15 minutes
Recorded: August 26, 2021

For NY - Difficulty Level: For experienced attorneys only (non-transitional)


This panel will focus on impairment, TransWest issues, third-party releases, horizontal gifting related to Noverra and more.

This program was recorded as part of ABI's 2021 Southwest Bankruptcy Conference on August 26th, 2021.

Provided By

American Bankruptcy Institute
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Hon. David T. Thuma

U.S. Bankruptcy Court, District of New Mexico

Hon. David T. Thuma is a U.S. Bankruptcy Judge for the District of New Mexico in Albuquerque, sworn in on Aug. 14, 2012. He previously practiced law in a large Indianapolis firm for five years before moving to New Mexico, where he focused on bankruptcy law and commercial litigation between 1989 and 2012.

Judge Thuma received his undergraduate degree from the University of Chicago in 1980 and his J.D. from Duke University in 1984; between college and law school, he worked briefly as a cowboy on a ranch near Mayer, Ariz.

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Matt Foster

Managing Director
Sonoran Capital Advisors

Matt Foster is a managing director and founding partner of Sonoran Capital Advisors in Mesa, Ariz.

Prior to founding Sonoran in 2017, he worked as a director for international insolvency firm KRYS Global, and before that he worked for another restructuring boutique, Odyssey Capital Group. Mr. Foster began his finance career in private equity working for Citizens Capital, Inc. (CCI), the private equity arm of RBS Citizens Bank. He oversaw CCI’s interests in its private-equity portfolio consisting of investments in over a dozen private companies. Since that time, Mr. Foster has been involved in a wide range of restructuring engagements, including out-of-court restructurings, chapter 11 restructurings, litigation support and solvency. He has served in multiple CRO, CFO, financial advisor and investment banking positions across various industries. In the past 12 months, he’s been engaged as the CRO of an oilfield services company, CRO of a cryptocurrency bank, and financial advisor to a land development and mining company.

Mr. Foster received his B.S. in finance from the University of Utah and his M.B.A. from Northeastern University.

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Jeff Bjork

Global Vice Chair, Restructuring and Special Situations Practice
Latham & Watkins LLP

Jeffrey Bjork is the global vice chair of the Restructuring and Special Situations Practice at Latham & Watkins in Los Angeles, where he represents public and private companies, creditors and investors in all aspects of restructuring. Widely recognized as a leading U.S. restructuring lawyer, he is a Fellow of the American College of Bankruptcy and was named one of the “Outstanding Restructuring Lawyers” for 2020 by Turnarounds & Workouts. With more than 20 years in practice, Mr. Bjork represents debtors, creditors, sponsors, boards of directors and investors in all aspects of restructuring distressed companies. He regularly advises companies on successful strategies to address masstort and legacy liabilities, including asbestos, environmental and product-related liabilities, and he has represented clients in numerous mass-tort bankruptcies.

Mr. Bjork has been named a leading restructuring lawyer by IFLR1000 for Restructuring and Insolvency, and in the 2020 Lawdragon 500 Leading Lawyers in America, The Best Lawyers in America for Bankruptcy Insolvency, The International Who’s Who for Restructuring & Insolvency Lawyers and The Legal 500 for Municipal Bankruptcy, among others. He is a member of the Pepperdine University Board and a frequent lecturer, speaker and writer on restructuring, bankruptcy and insolvency topics.

Mr. Bjork received his B.A. magna cum laude in 1995 from Pepperdine University and his J.D. with distinction from Emory University School of Law in 1998.

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Jordan A. Kroop

Perkins Coie

A corporate bankruptcy, restructuring and reorganization attorney, Jordan Kroop represents debtors, official committees, acquirers, and significant creditors in Chapter 11 matters involving publicly traded and privately held companies throughout the nation. His representation of creditors includes secured lenders, committees, lessors and institutional lenders. Jordan is a partner in the Bankruptcy & Restructuring group of the Corporate practice.

Among the prominent Chapter 11 matters Jordan has handled is representing the NHL's Phoenix Coyotes as debtor's counsel and leading the team to its eventual sale. He has also represented the Boston Celtics and Milwaukee Bucks in reorganization matters.

In addition to his background counseling sports franchises, Jordan provides Chapter 11 representation to reorganizing clients in manufacturing, real estate development, construction, hospitality gaming and technology. He has represented a large REIT, a consumer electronics manufacturer, makers of construction materials, and an iconic Manhattan restaurant in its Chapter 11 filing.

Jordan serves as an adjunct professor of law at the Sandra Day O'Connor College of Law at Arizona State University. He also instructs at the American Bankruptcy Institute's litigation skills workshops and has taught at the University of the Pacific’s McGeorge School of Law in Salzburg, Austria.

Since 1998, Jordan has co-authored and regularly updated the two-volume treatise, Bankruptcy Litigation and Practice: A Practitioner’s Guide, now in its fourth edition. He has also co-authored a chapter on Chapter 11 and sports franchises in the Collier Guide to Chapter 11 (LexisNexis 2011, rev’d 2012, 2013) and co-authored The Executive Guide To Corporate Bankruptcy (Beard Books). Jordan has also authored dozens of articles in national publications. He augments his writing with frequent panel and seminar presentations across the nation.

Recognized by Southwest Super Lawyers and The Best Lawyers in America, Jordan was one of a handful lawyers named among the "Outstanding Young Bankruptcy Lawyers" in the U.S. by Turnarounds & Workouts.

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