Best of 2005 Rocky Mountain Bankruptcy Conference
"Strategies for Prosecuting and Defending Preterences: 'Pouring Salt or Salve on the Wound'"

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Program Description:

Issues, strategies and practice tips on prosecuting and defending preference actions will be presented from various viewpoints, including those of the debtor-in-possession, the trustee and creditors. Experienced practitioners will explore and discuss issues relating to how, when and why preference actions are pursued (or not pursued), the effect of actions taken (or not taken) during a chapter 11 case on subsequent preference litigation, step-by-step instruction on determining and presenting defenses to a preference action -- including “ordinary course,” “new value,” demystifying the often misinterpreted “did not make an otherwise unavoidable transfer” language in Section 547(c)(4), and the use of statutory lien rights as a defense to a preference action.

Speaker Bios:

Elizabeth K. Flaagan is a partner at Holme Roberts & Owen LLP in Denver, where she focuses on bankruptcy, financial reorganization and restructuring, workouts, international and cross-border bankruptcy considerations, telecommunications bankruptcy and debtor-creditor rights litigation. She is admitted to practice in Colorado, the Tenth Circuit U.S. Court of Appeals, the U.S. District Court for the District of Colorado and the U.S. Supreme Court. Ms. Flaagan is a graduate of the University of Denver, College of Law.

James T. Burghardt is a partner at the Denver law firm of Moye Giles LLP, where he has practiced since admission to the bar in 1980. His legal practice has focused heavily on business bankruptcy, problem loan workouts, complex commercial/real estate transactions and disputes and, more recently, mediation in those areas. Mr. Burghardt has served as a member of three Bankruptcy Judgeship Merit Selection Panels, been appointed and chaired by Chief Judge Babcock of the U.S. District Court for the District of Colorado to recommend candidates to the 10th Circuit Court of Appeals to fill vacancies on the Colorado Bankruptcy Court for the last four appointments to that bench. He also was a member of the Civil Justice Reform Act Advisory Group, appointed by Chief Judge Finesilver of the U.S. District Court for the District of Colorado, between 1991 and 1994. He has lectured nationally to roughly half of the state banking associations in full-day programs on bankruptcy law sponsored by the Professional Education Group and has participated in numerous CLE programs in Colorado on business bankruptcy-related topics. Mr. Burghardt obtained his A.B. cum laude from Princeton University as a member of the Woodrow Wilson School of Public and International Affairs. He obtained his J.D. degree from the University of Denver College of Law in 1980. In more recent years, he has participated in advanced mediation and negotiation programs at Harvard University.

Steven Jack McCardell is a partner at LeBoeuf, Lamb, Greene & MacRae LLP in Salt Lake City, where his law practice concentrates on representing debtors, trustees, examiners, committees, creditors and other parties in chapter 11 cases, workouts and related litigation and in advising parties on bankruptcy and insolvency matters in transactions. He is a member of the Utah Bankruptcy Lawyers Forum, a fellow of the American College of Bankruptcy and is listed in The Best Lawyers in America and Utah Business’ Legal Elite in Bankruptcy/Creditors’ Rights. He has served as a member of the Local Rules Committees for the U.S. Bankruptcy Court for the District of Utah and the U.S. Bankruptcy Appellate Panel of the Tenth Circuit and as a member and chair of the Ethics Advisory Opinion Committee of the Utah State Bar. He has been an adjunct professor of law, teaching courses in business reorganization at the University of Utah College of Law and the J. Reuben Clark Law School. He was counsel to Ralph R. Mabey as examiner in the A.H. Robins case, has served as counsel to trustees in complex chapter 11 and chapter 7 cases in Utah and Colorado and has represented numerous other parties in interest in chapter 11 cases across the United States.

Honorable Michael E. Romero was appointed to the bench for the U.S. Bankruptcy Court for the District of Colorado in 2003. He joined the bench after leaving the firm of Pendleton, Friedberg, Wilson & Hennessey P.C., where he spent 15 years as a shareholder/director. In his years in private practice, he specialized in bankruptcy-related matters. Judge Romero received an undergraduate degree in Economics and Political Science from Denver University and received his J.D. from the University of Michigan in 1980.

Jeffrey A. Weinman is a founding partner at Weinman & Associates PC in Denver. He serves as a chapter 7 panel trustee for the District of Colorado, has served as a chapter 11 trustee and liquidating trustee in numerous cases and also serves as trustee of a private testamentary trust, which manages and owns extensive real estate and has a large investment portfolio. Mr. Weinman has participated in many continuing legal education sessions, including: “Roll of the Dice: Past, Present and Future of Colorado Gaming” in 1994. He is a member of the Bankruptcy Court Liaison Committee of the Faculty of Federal Advocates, American Bar Association, Faculty of Federal Advocates and the National Association of Bankruptcy Trustees. Mr. Weinman earned his B.A. from the University of Wisconsin, his M.B.A. in finance from the Bernard Baruch School of Business and his J.D. cum laude from the University of Miami, where he was the editor and business manager of their law review. He was the recipient of the American Jurisprudence Award in Administrative Law and the winner of the University of Miami Law Review Writing Competition. He was also a member of the Wig & Robe Honor Society.

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