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The Relevance of Key Circuit Court Splits and Corporate Chapter 11 Venue Considerations



Content Partner:  Celesq AttorneysEd Center
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Description: Richard Bernard and Scott Gautier, Faegre Drinker Biddle & Reath LLP partners from both coasts, discuss the importance of Circuit Court (and Bankruptcy Court) splits that have significant impact on venue selection in corporate chapter 11 cases. Richard and Scott highlight a few relevant splits related to: (i) non-consensual third party releases; (ii) sales free and clear; and (iii) non-consensual assumption of executory contracts with particular emphasis on decisions in the 2nd, 3rd, 5th and 9th circuits. The presentation provides insight into these topical splits as well as the legal significance for corporate debtors of filing in one place or another.
 
 
Scott Gautier - When clients face company-defining financial challenges, Scott Gautier provides the strategies and options they need to take control of the situation. He represents corporate clients in financial distress, with the goal of creating and structuring transactions that maximize value for clients. He counsels corporate owners, boards, fiduciaries and creditors on all facets of corporate insolvency and handles corporate Chapter 11 cases from every vantage point — as counsel to debtors, ad-hoc and official committees, secured creditors and other constituents. He also works on out-of-court financial restructuring matters, distressed mergers and acquisitions, and advises corporate clients on debtor-creditor issues in non-bankruptcy matters.
 
Scott has represented all constituents in corporate restructuring, with particular experience advising corporate owners, boards and fiduciaries on identifying the best strategic alternatives when faced with financial distress, and serving as lead committee counsel and advising on strategic alternatives in corporate Chapter 11 cases.
 
Richard Bernard counsels clients in the areas of corporate and financial restructuring, business solutions, bankruptcy litigation, secured transactions, corporate governance, mergers and acquisitions, and debtors’ and creditors’ rights.
 
He represents debtors, official and ad hoc committees, and other constituencies in large-asset bankruptcies, out-of-court workouts and adversary proceedings.
 
Richard’s experience spans numerous industries, including education, energy, mining, aviation, retail, manufacturing, telecommunications, financial services, heavy industry, real estate and hospitality.



Practice Areas: Bankruptcy & Creditors Rights
Online Media Type: Audio
Production Date: 10/20/2021 2:00 PM EDT
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live

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Status: Reciprocal Credit Available
Expiration: 09/23/2022
Training Type: Online

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Speakers:
Scott Gautier - Faegre Drinker Biddle & Reath LLP
Richard Bernard - Faegre Drinker Biddle & Reath LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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