Attention:

Current Issues Facing Creditors’ Committees


Level: Advanced
Runtime: 60 minutes
Recorded Date: April 15, 2021
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Agenda

        • Overcoming problems
        • Maximizing Value
                - During Investigations
                - During 363 Sale Process
                - During Plan Negotiations
                - During Reorganization
                - Maintaining Separate Estates
                - Litigation Based Recoveries
        • Minimizing Costs
                - DIP Financing
                - Avoiding Leaks        
                - Preserving and Prosecuting Outbound Claims
        • Budgeting During an International Pandemic
        • Increased Filings & Global Deals
        • Changes to the Committee Formation Process
        • Other COVID Changes to Committee Practice

Runtime: 1 hour
Recorded: April 15, 2021

Description

Creditors’ committees are integral to the success of chapter 11 cases. This panel will discuss what it takes to maximize results for unsecured creditors in today’s chapter 11 cases, including how to deal with the different interests of the creditors who sit on creditors’ committees.

This program was recorded as part of the American Bankruptcy Institute's 2021 Virtual American Spring Meeting held on April 15th, 2021.

Provided By

American Bankruptcy Institute

Panelists

Cullen Drescher Speckhart

Partner
Cooley, LLP

Cullen Drescher Speckhart is a partner with Cooley LLP in Washington, D.C., and chair of the firm’s business restructuring & reorganization practice. She has experience in corporate restructuring and financial litigation across a broad range of industries, and she represents a wide range of parties to insolvency proceedings, including debtors, creditors, creditors’ committees, trustees and foreign representatives. Ms. Speckhart has represented clients in some of the largest bankruptcy cases filed. She has led numerous engagements in the energy sector, representing clients in various roles. In addition to her work in significant bankruptcy matters, Ms. Speckhart provides tactical guidance to corporations in all aspects of solvency strategy, contingency planning, risk-mitigation and portfolio improvement through acquisitions and sales of assets and other distressed transactions. In this role, she advises public and private companies, including high-growth firms, in devising proactive approaches to the expansion and protection of valuable business resources.

Ms. Speckhart has presented to national audiences on various legal considerations, including those surrounding corporate insolvencies, banking technologies and regulatory compliance. In 2017, she was honored as one of ABI’s inaugural “40 Under 40,” and in 2015, she co-authored ABI’s Chapter 15 for Foreign Debtors.

Ms. Speckhart serves on the advisory board of the Institute for Restructuring Studies at the University of Pennsylvania. Before entering private practice, she clerked for Hon. Stephen C. St. John, Chief Judge of the U.S. Bankruptcy Court for the Eastern District of Virginia. During law school, she was the first-prize winner of ABI’s inaugural Bankruptcy Law Student Writing Competition and the first law student ever to receive the Thatcher Prize for Excellence, which is presented annually to a William & Mary graduate student of outstanding scholarship, service and character.

Ms. Speckhart received her B.A. in politics and economics from Georgetown University and her J.D. from the College of William & Mary, Marshall-Wythe School of Law, and she is a candidate for an ALM in management and a Professional Certificate in Corporate Finance from the Harvard Extension School at Harvard University.

David MacGreevey, CIRA, CPA

Managing Director, Creditor Services
AlixPartners, LLP

David MacGreevey, CIRA, CPA is a managing director and head of Creditor Services at AlixPartners, LLP in New York, and has more than 20 years of experience advising stakeholders on strategic transactions. He has advised creditor committees, management teams, boards of directors, lenders and investors on more than 75 complex transactions across a variety of industries.

Mr. MacGreevey has experience advising clients on all aspects of distressed transactions, including financial and operational restructurings, exchange offers, asset sales, distressed financing and valuation opinions. Since 2015, he has advised more than 50 creditor committees, including the official committees in NRA, CBL Properties, Remington Outdoor, Chesapeake Energy, Extraction Oil & Gas, 24 Hour Fitness, Exide, Boy Scouts of America, Murray Energy, EP Energy, Windstream, Tops Holdings, Takata, Commonwealth of Puerto Rico, Alpha Natural Resources, Haggen, A&P, Chassix and Caesars Entertainment.

Mr. MacGreevey joined AlixPartners pursuant to its acquisition of Zolfo Cooper in 2018, where he had served as head of creditor services for seven years. Prior to Zolfo Cooper, he spent 10 years at Chanin Capital Partners and Macquarie Capital, where he was a senior vice president in each firm’s restructuring and special situations group. He began his career at Ernst & Young.

Mr. Mac- Greevey received his B.S.B.A. in accounting from the University of Richmond.

Kimberly A. Brown

Senior Associate
Landis Rath & Cobb, LLP

Kimberly A. Brown is a senior associate with Landis Rath & Cobb, LLP in Wilmington, Del., and concentrates her practice in the area of Corporate Bankruptcy and Restructuring and Bankruptcy Litigation. She has worked with teams representing chapter 11 debtors, official and unofficial creditors’ committees, financial institutions, secured lenders and other secured creditors, indenture trustees and bondholders, asset-purchasers, liquidation trusts and other significant creditors, chapter 15 foreign representatives, and other parties in interest in a variety of national bankruptcy cases.

Ms. Brown represents clients in a wide range of industries, including retail, food and beverage, oil and gas, and manufacturing. She chairs the International Women’s Insolvency and Restructuring Confederation - Delaware Network and served as the past vice chair and social chair of the network, and was a Rising Star Award finalist for 2017. She also is a Super Lawyers “Delaware Rising Star” for 2018 and a member of the Delaware State Bar Association, ABI and the Delaware Bankruptcy American Inn of Court. She was selected as one of only 40 bankruptcy practitioners to participate in the National Conference of Bankruptcy Judges (NCBJ) fifth annual Next Generation Program. Ms. Brown is admitted to practice in the Supreme Court of Delaware and the U.S. District Court for the District of Delaware.

Before joining Landis Rath & Cobb, she clerked in the Superior Court for the State of Delaware for Hon. Mary M. Johnston and at the Office of Disciplinary Counsel of the Supreme Court of Delaware.

Ms. Brown received her B.A. in government and politics with a minor in accounting from Widener University in 2005 and her J.D. in 2008 from Widener University School of Law.

Robert J. Feinstein

Managing Partner
Pachulski Stang Ziehl & Jones, LLP

Robert J. Feinstein is the managing partner of the New York office of Pachulski Stang Ziehl & Jones LLP, which he opened in 2011. He represents debtors, creditors’ committees, equity committees, acquirers and examiners in business reorganizations and related litigation. He also represents debtors, foreign representatives and other case constituencies in cross-border insolvency cases.

Mr. Feinstein’s recent engagements include lead counsel to the official creditors’ committees appointed in the chapter 11 cases of J Crew, Whiting Petroleum, Ascena (Ann Taylor/LOFT/Lane Bryant), Ditech, Payless ShoeSource, The Weinstein Company, Barney’s Inc., Aeropostale and Jevic Holding Corp. (appearing on behalf of the creditors’ committee in the U.S. Supreme Court). On the debtor side, he has represented Digital Domain Media Group, former world heavyweight champion Mike Tyson and Penthouse magazine publisher General Media, Inc. in their chapter 11 cases.

Mr. Feinstein is a Fellow of the American College of Bankruptcy and an adjunct professor in the St. Johns University LL.M. Program, and he frequently writes and lectures on bankruptcy topics. He is ranked among Bankruptcy/ Restructuring attorneys by Chambers USA and is a member of the International Insolvency Institute, and he served as an officer of the Insolvency Section of the International Bar Association.

Mr. Feinstein received his B.A. from Lafayette College and his J.D. magna cum laude from Boston University School of Law.


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