Attention:
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Subchapter V in the COVID-19 Era


Level: Intermediate
Runtime: 58 minutes
Recorded Date: February 09, 2021
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Agenda

  • Subchapter V Overview
  • SBRA - CARES Act Considerations
  • SBRA - CAA Amendments
  • Hot Topics Issues in Subchapter V Cases
  • Anomaly Cases under Subchapter V
Runtime: 1 hour
Recorded: February 9, 2021
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

This panel will explore the development of subchapter V bankruptcies during their first year of existence, a.k.a. the COVID-19 era. The panelists will first perform a brief review of subchapter V bankruptcy cases and the way in which they differ from standard chapter 11 cases.

The panel will then discuss issues relating to CARES Act funding in subchapter V cases and explore various hot issues in subchapter V, such as the aggregation of debts among affiliates. Finally, the panelists will discuss “anomaly” filings and attempts by seemingly ineligible companies to obtain relief under subchapter V.

This program was recorded as part of the American Bankruptcy Institute's 2021 Virtual Caribbean Insolvency Symposium on February 9th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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Gustavo A. Chico-Barris

Senior Member
Ferraiuoli, LLC

Gustavo A. Chico-Barris is a member with Ferraiuoli LLC’s Bankruptcy & Creditors’ Rights Practice Group, the Dispute Resolution Group/Commercial Litigation Division and the Insurance Practice Group in San Juan, P.R. He previously clerked for Chief Bankruptcy Judge Enrique S. Lamoutte at the U.S. Bankruptcy Court for the District of Puerto Rico and was a partner in a boutique law firm in Puerto Rico doing corporate counseling, real estate transactions, commercial litigation and insurance practice.

Mr. Chico-Barris focuses his legal practice in advising and representing creditors in all aspects of bankruptcy, including judicial proceedings in chapters 7, 11, 12 and 13 cases, and out-of-court financial transactions and restructuring. He has gained considerable negotiation skills and ample litigation experience before federal and state trial and appellate courts, agencies and arbitration forums on creditors’ rights and bankruptcy, commercial litigation, insurance regulation, claims under the Gramm-Leach-Bliley Act, real estate transactions, bond claims, insurance claim and fraud claims.

Mr. Chico-Barris is admitted practice law in the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of Massachusetts and New York. He is also admitted to the U.S. Supreme Court and the U.S. Court of Appeals for the First Circuit, U.S. Bankruptcy Appellate Panel for the First Circuit, U.S. Court of International Trade, and the U.S. District Courts for the District of Puerto Rico, District of Massachusetts, Eastern District of Wisconsin, Eastern and Western Districts of Texas, and Eastern District of Missouri.

Mr. Chico-Barris serves an adjunct professor of bankruptcy law with the University of Puerto Rico School of Law. He received his B.A. in international relations in 1999 from Tufts University and his J.D. in 2002 from American University School of Law.

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Carol L. Fox, CPA, CIRA, CFA

Senior Managing Director
B. Riley Rinancial

Carol L. Fox, CPA, CIRA, CFA is a senior managing director with B. Riley Financial in Fort Lauderdale, Fla., and has more than 30 years of private and public accounting experience. She previously was with GlassRatner and Kapila & Company, where she focused on forensic accounting, litigation support and bankruptcy.

For nearly 20 years, Ms. Fox’s practice has focused on her career has concentrated on providing forensic, investigative and bankruptcy services to debtors, creditors, federal bankruptcy trustees and examiners, creditors’ committees, court-appointed assignees, the Securities and Exchange Commission, the Department of Justice, law firms and financial institutions. She has provided restructuring and bankruptcy-related services for distressed situations in the health care, life sciences, mining, transportation, e-commerce, real estate, telecommunications, hospitality, agriculture and marine sectors. In addition, she has led high-profile investigations of investment schemes, fraud investigations, internal corporate investigations, due-diligence assignments and matters involving business disputes and quantification of damages.

Ms. Fox is a newly appointed subchapter V trustee for the Southern District of Florida. She has served as a fiduciary in bankruptcy court matters and is currently serving as a fiduciary in state court matters. Additionally, she has testified as an expert witness on numerous occasions in federal and state court including testifying as an expert for the Department of Justice in the chapter 11 bankruptcy of Peabody Energy Corporation, et al.

Ms. Fox has addressed numerous professional organizations on issues relating to bankruptcy, forensic accounting and distressed real estate. In 2019, she was recognized as a Top U.S.A. Woman Dealmaker by the Global M&A Network. She currently serves on IWIRC-Florida’s Board of Directors, representing the South Florida chapter.

Ms. Fox received her B.S. in accounting from the University of Florida.

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Carlos Infante Gutierrez

Partner, Bankruptcy Practice Leader
Estrella, LLC

Carlos Infante Guti?rrez is the Bankruptcy Practice Leader at Estrella LLC, in San Juan, P.R., and his practice is focused on insolvency and restructuring work on behalf of all affected parties, including individual and business debtors, creditors and creditors’ committees. He represents chapter 7, 11 and 13 debtors and commercial creditors, and he is part of the local counsel team that represents the Financial Oversight and Management Board’s Special Claims Committee related to claims filed as part of PROMESA.

Prior to his tenure at Estrella LLC, Mr. Infante clerked for Hon. Mildred Cab?n Flores, Chief Judge at the U.S. Bankruptcy Court for the District of Puerto Rico, where he aided in the management, analysis and resolution of all types of bankruptcy matters during a period of record bankruptcy filings in Puerto Rico. After concluding his bankruptcy clerkship, he founded his own firm, where he provided legal and business consulting services to government entities in Puerto Rico regarding restructuring alternatives, risk-management initiatives, contingency planning, regulatory compliance and the structuring of complex financial transactions. He also provided general corporate advice to private-sector clients focused on maximizing available incentives, including those offered by Acts 20, 22 and 135. In addition, he worked at a boutique law firm in San Juan, where he developed experience conducting internal corporate investigations throughout Latin America.

Mr. Infante sits on the advisory board of ABI’s Caribbean Insolvency Symposium and is a volunteer for Credit Abuse Resistance Education (CARE). He received his B.A. in business administration from Boston College, his M.B.A. with a concentration in finance from the University of Puerto Rico Graduate School of Business, and his J.D. from the University of Puerto Rico School of Law, where he served as editor of the University of Puerto Rico Business Law Journal.

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Alen R. Rosenberg

Partner
Markowitz, Ringel, Trusty & Hartog

Alan R. Rosenberg is an associate with Markowitz Ringel Trusty Hartog in Miami, where he represents bankruptcy trustees, creditors, debtors and other parties-in-interest, in all aspects of insolvency proceedings and bankruptcy-related litigation, including the sale of bankruptcy estate assets and the pursuit and defense of avoidance actions and other litigation claims. In addition to his bankruptcy practice, he also represents individual and corporate clients in a wide variety of commercial litigation claims and real estate transactions.

In his free time, Mr. Rosenberg enjoys learning about cryptocurrency and blockchain technology, and has been published several times on the subject. He is listed as a Florida Super Lawyer “Rising Star” for 2017-18 and a Florida Legal Elite “Up and Comer” for 2018.

Mr. Rosenberg received his B.S.B.A. in finance in 2008 from the University of Florida and his J.D. cum laude from the University of Miami in 2011.


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