Implications on Structured Dismissals Past, Present & Future

Panelists for this webinar will take a deep dive into the implications of the U.S. Supreme Court’s decision in Czyzewski v. Jevic Holding Corp. on the restructuring practice area.  Specifically, what implications does this decision have on cases that have already been dismissed via a structured dismissal, and in which payouts were already made in a way that overrode the payment priority rules? Are there situations where following the rules imposed by the bankruptcy code won’t work, and if so, how can these be resolved? What implications does this decision have on cases in the pipeline, that were slated for structured dismissal? In what ways might this curtail the growing trend of structured dismissals? What alternatives are practitioners thinking up or using to achieve the same business result in a different way? How might this lead to an increase in traditional bankruptcy restructurings?

Panel Faculty:

Panel Biographies:

Susan F. Balaschak, Partner – Akerman LLP

Susan F. Balaschak is a partner in the Bankruptcy & Reorganization practice at Akerman LLP. Susan has experience in all aspects of business restructuring and reorganizations, with a principal focus on creditors’ rights, asset sales, including 363 sales and strategic acquisitions, workouts, and business counseling. She has served as counsel to equity funds, portfolio companies, secured lenders, secured and unsecured creditors and to numerous official committees, including some of the largest complex Chapter 11 retail cases. Susan regularly represents clients in bankruptcy related litigation throughout the country. She is an appointed mediator and is listed on the mediation panels in the U.S. Bankruptcy Courts for the District of Delaware and the Southern District of New York.

Robert J. Feinstein, Partner – Pachulski Stang Ziehl & Jones LLP

Robert J. Feinstein is the managing partner of the New York office of Pachulski Stang Ziehl & Jones LLP, the nation’s leading corporate restructuring boutique. He represents debtors, creditors’ committees, equity committees, acquirers, and examiners in business reorganizations and related litigation. He also has experience representing debtors, committees, foreign representatives, and other case constituencies in cross-border chapter 11 cases and chapter 15 cases. Mr. Feinstein represented the creditors’ committee of Jevic Holding Corp.

Jonathan Lipson – Harold E. Kohn Chair, Professor of Law – Temple University, Beasley School of Law

Jonathan Lipson’s principal research focus is business failure: how does–and should–the legal system respond when firms can’t (or don’t) pay their bills? He has written dozens of articles and book chapters considering this question from a variety of perspectives, focusing in particular on issues of governance (who gets to make decisions for the troubled firm?) and information (who knows what, when, and how about the problem?). He has published in many of the nation’s top law reviews, including those of the UCLA, Boston University, Notre Dame, and Southern California law schools. His work is frequently cited, including by leading business courts, such as the Delaware Supreme Court, the Delaware Chancery Court and the Bankruptcy Court for the Southern District of New York.

He has also served as an expert in complex reorganizations, including that of Enron Corp, and was counsel to amici curiae law professors in support of petitioners in Czyzewski v. Jevic Holding Corp.

Jennifer Marines – Partner, Morrison Foerster

Jennifer Marines is partner in the Business Restructuring & Insolvency Group and deputy chair of the firm’s finance department. Ms. Marines has experience representing chapter 11 debtors, creditors, investors, and other parties in interest in all aspects of complex corporate restructurings, including chapter 11 cases, out-of-court restructurings, and distressed acquisitions. Her practice includes advising senior management and boards of directors of financially troubled companies with respect to restructuring and business operations in chapter 11; advising official committees of creditors with respect to restructuring strategies; negotiating and structuring financings and other commercial transactions; and advising clients seeking to purchase businesses and related assets out of chapter 11 proceedings.

Daniel Gill, Esq. – Legal Editor, Bloomberg BNA

Daniel Gill covers bankruptcy law developments for Bloomberg BNA’s Bankruptcy Law Reporter.


Questions? Contact us at:

Joseph Cardillo
Beard Group, Inc.