Recent Developments in Chapter 11 and Subchapter V Cases

I have devoted my entire career to bankruptcy law as an attorney representing clients. I handle all aspects of business bankruptcy cases, including representing debtors, secured creditors, unsecured creditors, official committees and trustees. I also represent parties in commercial disputes, including loan workouts and forclosures. In addition to my law practice, I am a writer and author of bankruptcy publications and a teacher of bankruptcy law at seminars and Vanderbilt Law School . I am also a mediator and arbitrator. Specialties: Business Bankruptcy and Mediation

Hon. Leif Clark (Ret.) served as a United States Bankruptcy Judge for 25 years, sitting in the Western District of Texas. As a bankruptcy judge, Judge Clark developed a national reputation for thoughtful, insightful and clearly written judicial decisions that have strongly influenced the development of the law. During his tenure on the bench, he was also an active author and speaker at seminars nationwide. Serving as an adjunct professor at the University of Texas School of Law, he taught both basic bankruptcy and advanced bankruptcy seminars. For many years, he also taught U.S. Constitutional Law to international students from over 20 countries as part of the McGeorge University International Masters of Laws degree program in Salzburg, Austria. Judge Clark has also participated in numerous international efforts, including as an adviser to the American Law Institute’s Transnational Insolvency Law project (headed by Prof. Jay L. Westbrook of the University of Texas), and the development and administration of a USAID-sponsored judicial training program for judges in the emerging economies of Central and Eastern Europe. Judge Clark was a member of the consulting committee for the U.S. delegation to UNCITRAL’s Working Group V, which was then drafting the Model Cross-Border Insolvency Law. From 2004 until 2013, he was a member of the U.S. delegation to that Working Group, contributing to the completion of the Legislative Guide on Insolvency Law, the Practice Guide to Cross Border Insolvency, and, most recently, re-drafting the Guide to Enactment of the Model Law on Cross Border Insolvency. Since 2008, he has been an author for Collier on Bankruptcy, publishing a monograph on cross-border insolvency under U.S. law, which has since been incorporated into Volume I of the Treatise. He currently provides consulting services to both the International Monetary Fund and the World Bank on international insolvency issues involving both commercial entities and natural persons. From the early 1990’s, Judge Clark has acted as a mediator in a wide variety of disputes, and continues an active mediation and arbitration practice nationwide. He is a member of the Bankruptcy & Finance Panel of MWI, a leading provider of dispute resolution services to the insolvency and finance fields. He also serves as an expert witness and consultant in a number of different contexts, including cross-border disputes. Judge Clark is a member of the American College of Bankruptcy and the National Bankruptcy Conference.

Andrew Currie concentrates his practice on debt restructuring, reorganizations, insolvency, general bankruptcy matters, and transactional work in both out-of-court and in-court matters. Andrew represents commercial debtors, creditors' committees, and individual unsecured and secured creditors before U.S. federal, state, and bankruptcy courts. Andrew negotiates, structures, and closes multi-million-dollar-plus, debtor-in-possession (DIP) financing and cash collateral transactions on behalf of major lenders and debtors, across various industries. He has been instrumental in liquidating and reorganizing middle-market companies and organizations with more than $1 billion in outstanding debt. Andrew advises landlords, manages distressed investments, and conducts contested 363 sales and going-out-of-business sales. He has negotiated multiple asset sales and plans inside and outside of bankruptcy court. Andrew pursues known and unknown assets in remnant deals; negotiates, reconciles, and objects to claims; litigates preference demands; and manages out-of-court assignments, for the benefit of creditors.

A partner and leader in the firm’s Bankruptcy and Creditors' Rights Practice Group, I practice throughout Arizona and Nevada representing clients in business bankruptcy cases, commercial lawsuits, and business transactions. I also work with secured and unsecured creditors, as well as debtors through complex Chapter 11 bankruptcy issues in all aspects of debtor/creditor relationships, workouts, and litigation. I also enjoy assisting folks in receiverships, arbitration and mediation.