22nd Annual Advanced
Restructuring & Plan of Reorganization
Conference
November, 13, 2023
AIRA‘s Annual Advanced Restructuring and Plan of Reorganization Conference (“POR”) in New York is a one-day educational forum, the main learning objective of which is the discussion of the legal and financial perspectives on developments in bankruptcy, insolvency and restructuring activities. The program is geared toward maximizing opportunities for learning, exchange and networking, as well as offering credit for continuing legal and professional education. POR will be a hybrid event, offering attendees a live, in-person experience and a virtual option for those who choose to attend from home or office.
Thank you to CohnReznick for hosting the conference space.
CPE/CLE: Earn up to 6.8 CPE / 6.8 CLE* (based on a 50–minute hour; Fields of Study: See Agenda)
*Application for New York accreditation pending approval. CLE for other states applied for on request. This course is appropriate for both newly admitted and experienced attorneys.
Co-Chairs and Planning Committee
Co-Chairs
Sheryl P. Giugliano, Ruskin Moscou Faltischek, P.C.
Boris Steffen, CDBV, Province
Planning Committee
Kevin Clancy, CIRA, CohnReznick LLP
Stephen B. Darr, CIRA, CDBV, Huron
Anne Eberhardt, Gavin Solmonese LLC
Kenneth Enos, Young Conaway Stargatt & Taylor, LLP
Ira Herman, Blank Rome LLP
Michael R. Lastowski, Duane Morris LLP
James Schwarz, CIRA, CDBV, BDO
Robert Stark, Brown Rudnick LLP
Michael C. Sullivan, CIRA, Deloitte
Jeffrey T. Sutton, CIRA, Yip Associates
Conference Agenda
Refreshment Break
Sponsored by:
Introduction / Opening Remarks
Sheryl P. Giugliano
Partner, Ruskin Moscou Faltischek, P.C., (Uniondale, NY)
Boris Steffen, CDBV
Managing Director, Province, (Baltimore, MD)
Subchapter V Update
Description: Evolving common law of Subchapter V.
Learning Objective(s): By exploring recent court decisions, the learning objectives of this session are to provide participants with current developments and insight into how those developments are shaping Subchapter V practice.
Field of Study: Business Law - Technical
Moderator:
Sheryl P. Giugliano
Partner, Ruskin Moscou Faltischek, P.C. (New York, NY)
Panelists:
Erica Aisner
Founding Partner, Kirby Aisner & Curley LLP
Soneet R. Kapila, CIRA
Founding Partner, KapilaMukamal LLP (Ft. Lauderdale, FL)
Hon. Jerrold N. Poslusny, Jr.
Judge, U.S. Bankruptcy Court, D. N.J. (Camden, NJ)
Jolene Wee, CIRA, CDBV
Managing Director & Founder, JW Infinity Consulting, LLC (New York, NY)
Liability Management
Description: Liability management transactions in the form of tender offers, debt buy backs and exchange offers have long been used by firms to reduce their total debt burden or exchange their existing debt for instruments having extended maturities or more favorable terms. In recent times, however, the term liability management has more often been used by certain market participants to refer to uptier and drop-down transactions.
Learning Objective(s): The learning objectives of this panel are to enable participants to understand(i) how uptier and drop-down transactions are executed in practice, (ii) why the use of either transaction structure may be preferable to a consensual out-of-court or court-sanctioned Chapter 11 restructuring, and (iii) the rational underlying the concerns of minority creditors in cases such as Revlon, TriMark, Serta and Boardriders.
Field of Study: Finance - Technical
Moderator:
Boris Steffen, CDBV
Managing Director, Province, (Baltimore, MD)
Panelists:
Jay Sinha
Partner, Ducera Partners (New York, NY)
Daniel Shamah
Partner, O’Melveny & Myers (New York, NY)
Richard Shinder
Managing Partner, Theatine Partners (New York, NY)
Robert J. Stark
Partner, Brown Rudnick LLP (New York, NY)
Stretch Break
Commercial Real Estate
Description: One of the lingering effects of COVID 19 beyond the health impact of long-term COVID is the still developing “health” impact COVID possibly brought on and accelerated in the commercial real estate industry.
Learning Objective(s): The learning objective of this session is to understand what the current crisis in commercial real estate is all about by looking at the depth of the effect of commercial vacancies and review how the industry is charting a course toward a new equilibrium.
Field of Study: Specialized Services - Technical
Moderator:
Anne Eberhardt
Senior Director, Gavin Solmonese LLC (New York, NY)
Panelists:
Adam Bareham
Managing Director, EY (New York, NY)
Hon. Robert E. Grossman
Judge, U.S. Bankruptcy Court, E.D.N.Y. (Central Islip, NY)
Michael R. Hogue
Shareholder, Greenberg Traurig, LLP (San Francisco, CA)
Tanya Wong
Senior Vice President, Houlihan Lokey (New York, NY)
Lunch & Keynote Presentation – A Retrospective on Prepacks
Speaker:
Jay M. Goffman
Client Chairman, Teneo Financial Advisory (New York, NY)
Sponsored by:
DIP Financing
Description: Debtor-in-possession financing continues to evolve as the need for it changes. This panel will explore recent developments.
Learning Objective(s): By exploring developments and recent trends in DIP financings, the panel will address learning objectives that include understanding recent examples of priming DIPs and understanding interesting terms of competing DIPs that pose challenges and opportunities as well as strategies unsecured creditor committees are using to successfully oppose or shape DIP proposals. The session will inform bankruptcy practitioners about shifting sands with respect to DIP content and structure and how such trends may impact the outcome of Chapter 11 cases.
Field of Study: Finance - Technical
Moderator:
Robert J. Frezza, CIRA
Managing Director, Deloitte (Morristown, NJ)
Panelists:
Hon. Kevin J. Carey (Ret.)
Senior Counsel, Hogan Lovells LLP (Philadelphia, PA)
Christine Song
Managing Director, Miller Buckfire, (New York, NY)
Joseph L. Schwartz
Partner, Riker Danzig LLP (Morristown, NJ)
Rob Vanderbeek
Partner, Novo Advisors (New York, NY)
Ethical Issues & Cybersecurity
Description: This session will be an interactive program. Part trivia, part panel presentation, the session will engage participants to self-select “answers” from several Jeopardy categories focused on issues of interest, then provide the corresponding “questions” (prizes will be awarded). For each answer/question, our panel will provide analysis and commentary. Plus, you get cyber security/ethics credit just for showing up!
Learning Objective(s): The learning objectives of this program are to inform participants and provide guidance concerning fundamental issues and best practices surrounding cyber security, the protection of PII, and professional responsibility and ethical conduct.
Field of Study: Regulatory Ethics – Technical
Moderator:
Ira Herman
Partner, Blank Rome LLP (New York, NY)
Panelists:
Michael J. Driscoll
Senior Managing Director, FTI Consulting, Inc. (New York, NY)
Deborah Kovsky-Apap
Partner, Troutman Pepper LLP (New York, NY)
Hon. Ann M. Nevins
Chief Judge, U.S. Bankruptcy Court, D. Conn. (New Haven, CT)
Refreshment Break
Sponsored by:
2023 - The Year in Review from the Perspectives of Judges and Attorneys
Description: The session title says it all! This opportunity to gain perspective on developments in bankruptcy law is a hallmark session of the conference. Our moderators and panel of judges will review noteworthy bankruptcy decisions from the past year.
Learning Objective(s): The learning objective of this session is for conference attendees to obtain, from the perspective of members of the court, an understanding of these significant bankruptcy related decisions with emphasis on cases from the 2nd and 3rd Circuits.
Field of Study: Business Law – Technical
Moderators:
Ryan M. Bartley
Partner, Young Conaway Stargatt & Taylor, LLP (Wilmington, DE)
Catherine Beideman Heitzenrater
Partner, Duane Morris LLP (Philadelphia, PA)
Panelists:
Hon. Lisa G. Beckerman
Judge, U.S. Bankruptcy Court, S.D.N.Y. (New York, NY)
Hon. Rosemary Gambardella
Judge, U.S. Bankruptcy Court, D. N.J. (Newark, NJ)
Hon. Brendan L. Shannon
Judge, U.S. Bankruptcy Court, D. Del. (Wilmington, DE)
Reception – 2023 Judicial Service Award Presentation
Honoree:
Honorable Brendan L. Shannon
U.S. Bankruptcy Court, D. Del.
Sponsored by:
22nd Annual POR Conference
Date: Monday, November 13, 2023
Time: 10:00 AM–6:30 PM
Location:
The Offices of CohnReznick, LLP, New York, NY
& Online
Registration Rates
AIRA Member: $425
Non–Member: $495
Judicial/Government/Academic: $115
Reception Only: $65
Program Information
CPE/CLE Credit
Earn up to 6.8 CPE / 6.8 CLE*
*credit totals based on a 50–minute hour; Application for New York accreditation pending approval. CLE for other states applied for on request. This course is appropriate for both newly admitted and experienced attorneys.
Knowledge Level
All Levels—Beneficial to CPAs and other financial advisors new to a skill or attribute, including individuals at staff or entry level in an organization, as well as seasoned professionals who desire increased knowledge in the subject matter.
Learning Objectives
Please see session descriptions for discussion of related learning objectives.
Registration Requirements
Online registration and payment of fee is required to attend the program. Participants must submit request for CPE credit at the conclusion of the program. All session materials will be available to registrants prior to the start of the program. If unable to register online in advance of the program, onsite registration will be available.
Program Format
Hybrid (Group Live and Group Internet presentation.)
Prerequisites
None.
Advance Preparation
None.
Sponsors
Additional sponsorships are available. For more information, contact Cheryl Campbell at ccampbell@aira.org.
Cancellations and Refunds
No refunds will be given for cancellations after November 6, 2023; however, substitutions will be allowed.
Questions & Complaint Resolution
For assistance or questions regarding refund, complaint and/or program cancellation policies, please contact our offices at (541) 858–1665. For additional questions or for resolution of any complaint, please send an email to Jim Lukenda, Executive Director, at jlukenda@aira.org
National Registry of CPE Sponsors
"Association of Insolvency and Restructuring Advisors" is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.