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Best of 2006 Mid-Atlantic Bankruptcy Workshop
Report from the Front: Creditor Committees after BAPCPA

Wednesday, January 10 at 1:00pm ET


Program Description:

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) brought many new requirements and responsibilities to the administration of chapter 11 cases. Committee composition, oversight and information-sharing requirements present new challenges and moving targets to committee members and their legal and financial advisors. Hear our panel of experts discuss the challenges and necessities faced by official committees in post-BAPCPA chapter 11 cases. We will discuss changes and to committee formation under § 1102(a)(4), committee responsibilities to their constituents under § 1102(b)(3) and changes to the influence and oversight capabilities that a committee brings to bear in a typical chapter 11 case.


Speaker Bios:

Hon. Jeffrey A. Deller is a U.S. Bankruptcy Judge for the Western District of Pennsylvania, appointed in 2005. Prior to his appointment, he was a shareholder with Klett Rooney Lieber & Schorling, P.C., where his representations included the University of Pittsburgh Medical Center Health System in connection with its $100 million acquisition of the assets of St. Francis Hospital, and serving as counsel to the official committee of unsecured creditors in various chapter 11 cases. Judge Deller is the author of Looking Before You Leap into an Involuntary Bankruptcy Case and Examining the Examiner: Waiver of the Attorney-Client Privilege and the Outer Limits of an Examiner's Powers in Bankruptcy, and is a contributing author to West's Pennsylvania Forms: Debtor-Creditor. He received his B.A. from the University of Pittsburgh and his J.D. cum laude from the Duquesne University School of Law, where he served as a member of The Duquesne Law Review and was the recipient of the American Bankruptcy Law Journal Prize, awarded by the National Conference of Bankruptcy Judges.

Edward T. Gavin, IV, CTP is a managing director with NachmanHaysBrownstein, Inc., in Wilmington, Del., where he works with distressed companies, serving in advisory and management roles for troubled companies in diverse manufacturing, service, governmental and health care fields. His engagements have included responsibilities as bankruptcy and nonbankruptcy financial advisor to debtors and creditors’ committees, bankruptcy and nonbankruptcy interim management appointments, business viability assessments, mergers and acquisitions, business integrations and strategic sales, corporate strategy and policy development and implementation, e-commerce and marketing strategy development, process re-engineering, and enterprise resource planning (ERP) system implementation and assessment. His roles have also included regulatory-affairs management positions in FDA-regulated organizations, including the leadership of process re-engineering to remediate violations of FDA regulations. Prior to joining NHB, Mr. Gavin was CIO of an $80 million manufacturing concern with nine locations in the United States and Canada, where he led the turnaround of a struggling and misaligned IT function. He is a member of the Turnaround Management Association and ABI, and is an associate member of the Association of Certified Fraud Examiners. In his role with the Internet Engineering Task Force, Mr. Gavin has contributed in various roles to the formulation of global technology standards, including being primary author of RFC-3098, “How to Advertise Responsibly Using Internet E-Mail and Newsgroups,” which articulates a standard for ethical online distribution-based advertising. He is a founding trustee, secretary and chief financial officer of the SpamCon Foundation (www.spamcon.org), a nonprofit organization dedicated to preserving e-mail as a viable means of communication. In this role, Mr. Gavin has spoken at conferences on the topic of ethical e-mail marketing and advertising. As a recognized expert in this field, he has appeared before the U.S. Federal Trade Commission, has been a featured expert on National Public Radio and CNNfn, and has appeared in numerous publications including Wired, CNET, Business Credit and others.

Laura Davis Jones is a partner with Pachulski Stang Ziehl Young Jones & Weintraub LLP in Wilmington, Del., where she represents debtors, creditors' committees, bank groups, acquirers and other significant constituencies in national chapter 11 cases and workout proceedings. She gained national recognition as debtor's counsel in the Continental Airlines bankruptcy case, and was named “Deal Maker of the Year” by The American Lawer in 2002. Ms. Jones has also been selected as one of the “Best Lawyers in America,” and “Best Lawyers in Delaware,” recognized in the K&A Restructuring Register, and named to the International Who's Who of Insolvency and Restructuring Lawyers. She is a member of the Private Panel of Bankruptcy Trustees, the Delaware State Bar Association, American Bar Association and ABI. Ms. Jones received her B.S.B.A. magna cum laude from the University of Delaware and her J.D. from Dickinson School of Law, where she was on the board of editors and business manager for the Dickinson Law Review and served on the Appellate Moot Court Board.

Adam G. Landis is a partner with Landis Rath & Cobb LLP in Wilmington, Del., where he concentrates his practice in the areas of corporate bankruptcy and restructuring. His diverse practice includes first-chair, conflicts counsel and Delaware counsel representation of debtors, official and unofficial committees, secured lenders and other secured creditors, indenture trustees and bondholders, unsecured creditors and asset purchasers in a variety of national bankruptcy cases, mostly in the U.S. Bankruptcy Court of the District of Delaware. He is admitted to practice in Delaware, New York and Massachusetts. Mr. Landis is a member of ABI and the bankruptcy section of the Delaware State Bar Association. Prior to founding Landis Rath & Cobb, he was a shareholder with Klett Rooney Lieber & Schorling.

Mary E. Seymour is of counsel to Lowenstein Sandler PC in Roseland, N.J., where she represents debtors in chapter 11 and chapter 7 proceedings and practices in creditors' rights, commercial litigation and collections. She received her B.S. from St. Peter's College and her J.D. from Seton Hall University School of Law.

 

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