FCIB's 2009 Teleconference Series

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FCIB members participate in this teleconference at no charge as a benefit of membership!

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FCIB Teleconference - Demystifying Chapter 15 of the Bankruptcy Code: What Credit Managers Need to Know

August 18, 2009 • 11:00am Eastern Time
Duration – 1 Hour

Session Information

Speakers: Eric H. Horn & Bruce Nathan, Esq.

With more and more business being done with multinational customers, financially distressed foreign companies are taking advantage of a less well known Chapter of the Bankruptcy Code -- Chapter 15. This program is designed to demystify Bankruptcy Code Chapter 15's complexities, discussing how Chapter 15 works, what Chapter 15 filings are being used to accomplish, and salient Chapter 15 points that trade creditors should consider when a foreign debtor files a Chapter 15 case. Included in the program are recent case studies that examine Chapter 15's uses and practical advice for credit managers faced with a Chapter 15 customer. Topics include issues such as the stay of creditor actions, filing of proofs of claims, facilitation of sales of a foreign debtor's United States assets, treatment of leases and other executory contracts, implementation of a foreign debtor's restructuring or liquidation plans, and avoidance actions such as preference claims.

Speaker Biography

Eric H. Horn is Counsel to Lowenstein Sandler PC’s Bankruptcy, Financial Reorganization & Creditors' Rights Group. Mr. Horn's practice is focused on bankruptcy, debtor-creditor law, and out of court workouts and includes the representation of debtors, unsecured creditors' committees, trustees and individual creditors. Mr. Horn has lectured on various bankruptcy issues affecting telecom creditors, is a contributing editor for the American Bankruptcy Institute's Second Circuit Update, and has been recognized as a "Rising Star" by New Jersey Super Lawyers.

Bruce Nathan, Esq. is currently a partner in the Bankruptcy, Financial Reorganization and Creditors’ Rights Group of the law firm of Lowenstein Sandler PC. Mr. Nathan concentrates on all aspects of creditors' rights and workouts in bankruptcy, out-of-court matters and other types of insolvency cases for secured creditors, creditors' committees, unsecured creditors, trustees and other creditors. Mr. Nathan serves as counsel to the unsecured creditors’ committee in Interstate Bakeries Corporation and Advanced Marketing Services Inc., represents substantial creditor interests in the Bally, Linens n Things, and Lyondell Chapter 11 cases, and has represented substantial creditor interests in the Enron, WorldCom, Solutia, Metromedia Fiber Network, Adelphia, Calpine and Heilig-Meyers chapter 11 cases. Mr. Nathan also negotiates and prepares letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements for credit departments of institutional clients and is also involved in the negotiation and preparation of loan, letter of credit, and factoring documentation and other matters for banks, asset-based lenders and factors.

Mr. Nathan holds combined J.D./M.B.A. degrees from the University of Pennsylvania Law School and the Wharton School of Management. He is an active member of the American Bankruptcy Institute (“ABI”); is a member of ABI’s board of directors; is a former Co-Chair of ABI’s Unsecured Trade Creditor Committee; is a contributing editor of ABI Journal’s “Last In Line Column” and ABI’s “Second Circuit Cases Update”; and is the author of ABI’s Manual On Sellers’ Rights of Reclamation, Stoppage of Delivery and New Administrative Claim. Mr. Nathan is also an active member of, and regular lecturer for, the National Association of Credit Management (NACM); is a member of NACM’s Editorial Advisory Board; is a frequent contributor to NACM’s Business Credit; is a contributing editor of NACM’s Manual of Credit and Commercial Laws; and co-authored The Bankruptcy Abuse Prevention And Consumer Protection Act of 2005: An Overhaul of U.S. Bankruptcy Law, published by NACM. Mr. Nathan has also spoken at the 4th China International Credit and Risk Management Conference and on other occasions on the People’s Republic of China’s 2006 Law on Enterprise Bankruptcy, discussing the law’s key provisions, the improvements over China’s prior bankruptcy law, the law’s similarities and differences with United States bankruptcy law and the upcoming implementation challenges.

Cost

FCIB Member:	Non-Member:
1 FREE line per membership (additional lines are $59.95)	$59.95 (includes NACM members)

Earn 1/2 CICP Point for Participating

We understand that many of our members maintain busy travel schedules during the week and may not be able to join us for the teleconference. For this reason, we will offer a digital replay of the presentation part of the teleconference on our website following the original teleconference date.