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Program Description

Hot Topics in Bankruptcy Litigation



Provided By: New York City Bar

Approved for CLE credit in: AK,AZ,CA,ME,MO,ND,NJ,NY,WV

Several recent decisions and cases will have a lasting impact on important issues affecting bankruptcy litigation. At this program, a panel of experts will provide an update of recent developments and trends in the field, including: the scope of the Section 546(e) avoidance safe harbor; the meaning of "payment" of a claim as to third parties; and the strength of the "center of main interest" presumption under Chapter 15 of the Bankruptcy Code.

This program was recorded on December 2nd, 2008.

  • Recognition of foreign proceedings and the "center of main interest" presumption under Chapter 15 of the Bankruptcy Code. 
  • The Section 546(e) Safe Harbor. 
  • The effect on third parties of a bankruptcy debtor's "payment" - the TIA/SLV airline cases. 

    This program was recorded on December 2nd, 2008.

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,MO,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

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    Panelist Biographies

    Joshua Dorchak

    Bingham McCutchen LLP

    Joshua Dorchak is a Counsel at Bingham McCutchen LLP. He represents financial institutions and other businesses, with a focus on creditors of troubled companies, in complex commercial litigation in state, federal and bankruptcy courts nationwide. Josh is currently a member of a team at Bingham advising over a dozen clients in matters concerning the Lehman Brothers Chapter 11 and SIPA cases, as well as representing the defendants in a $370 million preference action brought by the Creditors' Committee in the Quebecor World (USA) case. Josh has represented creditors in the bankruptcy cases of, among others, Brooklyn Hospital, Calpine, Dairy Mart, Dana Corp., Delta Air Lines, Enron Corp., Genuity Inc., Global Crossing, Northwest Airlines, St. Vincent's Hospital, United Air Lines, and WorldCom. He has also represented the Plan Administrator of Refco Capital Markets Ltd; and the Plan Administrator of the Refco Chapter 11 Debtors. Josh also advises and represents clients in a broad range of commercial matters, including contracts for goods or services, shareholder and partnership disputes, leases, licenses, intellectual property, and employment.

    SarahNye Campbell

    White & Case LLP

    Sarah Nye Campbell is an associate in White & Case LLP's financial restructuring and insolvency group. Ms. Campbell┬┐s practice includes the representation of debtors, secured and unsecured creditors in U.S. Chapter 11 reorganization cases and cross-border insolvency proceedings, and in out-of-court restructurings. Current and recent matters in which Ms. Campbell has been involved include the representation of various aircraft finance parties in the Chapter 11 cases of Delta, Northwest, United Airlines and US Air; the pre- and post-petition secured lenders in the Fleming Companies Chapter 11 cases, in which the lenders received payment in full; United Pan-Europe Communications N.V., a debtor in possession in a successful cross-border restructuring that was administered simultaneously in the U.S. and the Netherlands; secured and unsecured creditors in various Chapter 11 cases, including Refco, Enron and Adelphia Communications. Prior to joining White & Case LLP in the fall of 2001, Ms. Campbell clerked for the Honorable Allan L. Gropper, Bankruptcy Judge for the United States Bankruptcy Court for the Southern District of New York. Ms. Campbell received her JD from Brooklyn Law School in 2000 and her BA from Mills College in 1994.


    Lovells LLP

    Matthew P. Morris is a Partner in the Business Restructuring and Insolvency practice at Lovells LLP, resident in the New York Office. Matthew concentrates on creditor-side representations in corporate bankruptcy and other business disputes. He has extensive experience in all aspects of complex commercial bankruptcy and commercial litigation and represents and advises bank, financial services, fund, reinsurance, corporate and other clients in a variety of US bankruptcy and cross-border insolvency disputes and proceedings. Prior to joining Lovells, Matthew participated in the representation of the Official Committee of Unsecured Creditors in Enron Corp.┬┐s Chapter 11 case and has been involved in numerous other large-scale bankruptcy cases. Some of his recent works includes advising official liquidators of collapsed Cayman-based hedge funds in various US litigation and Chapter 15 procedings; representing the BVI and Hong Kong court-appointed receivers of BVI-registered entities in connection with US litigation issues in s global dispute between French and Chinese food and beverage concerns; representing an insolvent Brazilian enterprise in defense of US preference actions; and advising multiple domestic and foreign banks and funds in connection with the Lehman Bros. bankruptcy and resulting derivative contract and trade termination issues. Mattew received his J.D from Columbia University Law School and his B.A from Middlebury College.

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    Pricing Information

    Hot Topics in Bankruptcy Litigation



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