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Description: About Episode #3
Bad Debtor Owes Me Money!
October 21, 2021 at 2:00 PM CST
Sometimes it begins when a client, tenant, or customer starts to slow-pay, with the result that your accounts receivable start to accrue gradually. Other times the issue presents itself more suddenly. Either way, you find your company owed a great deal of money that looks like it may not be collected because your client/tenant/customer has filed bankruptcy, has commenced an assignment for the benefit of creditors, has been put into receivership, or is otherwise just plain insolvent. What do you do? What should you not do? The topics discussed in this webinar include the pros and cons of putting a counterparty into involuntary bankruptcy; when and how you may be able to pursue third parties (like guarantors, directors, or officers) for the amount owed; risks related to preference attack; pros and cons of sitting on a “creditors’ committee” in a Chapter 11; how to negotiate for “critical vendor” protection in Chapter 11; and practical guidance for continuing to provide goods or services to an insolvent counterparty.
This webinar is delivered in Plain English, understandable to you even if you do not have a background in the subject. It brings you into an engaging, even sometimes humorous, conversation designed to entertain as it teaches. And, it is specifically designed to be viewed as a stand-alone webinar, meaning that you do not have to view the other webinars in the series to get a lot out of it.
Speaker Information
Moderator:
Thaddeus Wilson, Partner, King & Spalding
Thad Wilson is a partner in the Atlanta office of King & Spalding and a member of the firm’s Financial Restructuring practice. Thad has represented a broad spectrum of clients in financial restructuring, corporate and insolvency matters, including bankruptcy-related government investigations and appeals. He has represented debtors, secured and unsecured creditors, and other parties in interest in major Chapter 11 bankruptcy cases.
Thad has substantial experience representing litigants in contested matters, adversary proceedings and other high stakes litigation in significant Chapter 11 bankruptcy cases and insolvency proceedings involving creditors’ rights, fraudulent transfers, and alter ego, as well as representing buyers and sellers of distressed assets in Chapter 11 bankruptcy proceedings.
Thad is a member of the American Bankruptcy Institute, the Turnaround Management Association, the Atlanta Bar Association and the State Bar of Georgia. He is a founding member of the Atlanta chapter of the Turnaround Management Association NextGen organization and is the current president-elect of its board. In 2014, he was elected to the initial class of Barristers of the W. Homer Drake, Jr. Georgia Bankruptcy American Inn of Court, of which he is currently a member. Thad is a frequent lecturer on bankruptcy-related issues before bar groups and in continuing legal education programs. Thad has authored and co-authored numerous articles on bankruptcy-related topics and has been published in numerous publications.
Thad received his law degree from the University of Iowa College of Law, with distinction. While in law school, Thad served as the Executive Editor of the Iowa Law Review and as treasurer of McLain Inn of Phi Delta Phi. Thad received his Bachelor of Arts in Economics, magna cum laude, from Furman University in 2005.
Panelist #1:
Jonathan Friedland, Partner, Sugar Felsenthal Grais & Helsinger LLP
Jonathan Friedland is a senior partner in Sugar Felsenthal Grais & Helsinger LLP’s Chicago office. He is ranked AV® Preeminent™ by Martindale.com, has been repeatedly recognized as a “SuperLawyer”, by Leading Lawyers Magazine, is rated 10/10 by AVVO, and has received numerous other accolades. He has been profiled, interviewed, and/or quoted in publications such as Buyouts Magazine; Smart Business Magazine; The M&A Journal; Inside Counsel; LAW360; Business Week.com; Dow Jones LBO Wire; and The Daily Deal. Jonathan graduated from the State University of New York at Albany, magna cum laude, in 1991 (after three years of study) and from the University of Pennsylvania Law School in 1994. Jonathan is also an active angel, venture capital, and private equity investor, and is the founder and publisher of DailyDAC and Financial Poise.
Panelist #2:
Laura Davis Jones, Managing Partner, Pachulski Stang Ziehl & Jones LLP
Laura Davis Jones is a name partner and the managing partner of the Delaware office of Pachulski, Stang, Ziehl, & Jones. She gained national recognition as debtor’s counsel in the Continental Airlines bankruptcy case, and has represented numerous debtors, creditors’ committees, bank groups, acquirers, and other significant constituencies in national chapter 11 cases and workout proceedings. She lectures at national bankruptcy and litigation seminars, and has authored numerous articles. Laurawas named “Deal Maker of the Year” by The American Lawyer in 2002 and has also been profiled in The American Lawyer.
Laura has been named continuously by her peers as one of the “Best Lawyers in America” and as one of the “Best Lawyers in Delaware.” In addition to being named a “Delaware Super Lawyer” every year since 2007, she was selected as one of the top ten lawyers in Delaware in 2007 and 2008. She is included among Chambers USA America’s “Leading Lawyers for Business,” and ranked among the top-tier Bankruptcy/Restructuring lawyers in Delaware. Laura has been recognized in the K&A Restructuring Register since its inception, has been named repeatedly to the International Who’s Who of Insolvency and Restructuring Lawyers, and has been listed among the “Lawdragon 500 Leading Lawyers in America” since 2005. She holds an AV Preeminent Peer Rating, Martindale-Hubbell’s highest rating for ethical standards and legal ability. Laura is a graduate of University of Delaware and received her J.D. from Dickinson School of Law, where she was on the board of editors and business manager for the Dickinson Law Review, as well as to serve on the Appellate Moot Court Board. Laura is admitted to practice in Delaware and the District of Columbia.
Panelist #3
Candice Kline, Partner, Saul Ewing Arnstein & Lehr LLP
Candice Kline joined Carpenter Lipps & Leland LLP as a partner in its Chicago office in 2017. The firm is an industry-recognized Columbus, Ohio-based litigation boutique. Before turning to law, Candice earned an MBA at the University of Chicago and worked as an experienced corporate and international banker with Citibank and JPMorgan Chase. Her banking background informs her legal advice and commitment to client service, outstanding litigation outcomes, and practical deal making.
Candice focuses her practice on commercial disputes, bankruptcy and insolvency matters, and general litigation. Candice has in-depth chapter 11 experience, including preferences and fraudulent transfer actions, settlements, contract disputes, and plan and disclosure statement related litigation. She also litigates in chapter 7 cases.
Her recent representations include debtors, trustees, creditors, and investors in cases involving fraud, breach of contract, breach of fiduciary duties, securities fraud, and civil theft. Candice has also recently guided out of court workouts and assignments.
Candice is active in the turnaround and legal sectors. She is a director of the Turnaround Management Association, Chicago/Midwest Chapter; a member of the Business and Securities Law Council of the Illinois State Bar Association; and a co-chair of the American Constitution Society, Chicago Lawyer Chapter. Candice also serves on the advisory board of directors for the Institute for Business & Professional Ethics at DePaul University.
 | | Practice Areas: | | Bankruptcy & Creditors Rights, Corporate & Securities, Mergers & Acquisitions | | | Online Media Type: | | Audio | | | Production Date: | | 10/21/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 2 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Thad Wilson - King & Spalding, Atlanta | | • | Jonathan Friedland - Sugar Felsenthal Grais & Helsinger | | • | Laura Davis Jones - Facilitator Pachulski Stang Ziehl & Jones LLP; Wilmington, Del. | | • | Candice Kline - Partner, Saul Ewing Arnstein & Lehr LLP |
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