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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.
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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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