Demystifying Trust Liquidation and Post Confirmation in Bankruptcies: A Comprehensive Guide
In the face of a global pandemic, bankruptcy mechanisms have become increasingly relevant. With the spike of COVID-19-related business bankruptcy filings, post-confirmation liquidation and litigation trusts have been utilized more frequently.
However, the role of these methods in the resolution of Chapter 11 bankruptcy cases also highlights the need for an in-depth understanding of potential issues and implications involved. Moreover, the creation of post-confirmation litigation or liquidation trust requires a well-written and strategic reorganization plan because of its complexity.
In this Webcast, leading bankruptcy experts Robert N. Michaelson (Advisory Trust Group, LLC) and Cathy L. Reece (Fennemore Craig, P.C) will provide an in-depth analysis of the critical aspects of post-confirmation liquidation and litigation trusts as well as their potential effects on your business.
Field of Study: Business Law
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Managing Member with Advisory Trust Group, LLC
Bob Michaelson is a co-founder and co-managing member of Advisory Trust Group. Bob has nearly 40 years of experience as a bankruptcy, creditors’ rights, and restructuring attorney. His practice includes general commercial litigation in both the state and federal courts as well as corporate matters.
Director, Financial Restructuring, Bankruptcy and Creditors' Rights Group with Fennemore Craig, P.C.
CATHY L. REECE is a director in the Financial Restructuring, Bankruptcy and Creditors’ Rights Practice Group at Fennemore Craig, PC. in Phoenix. She has extensive experience in every aspect of corporate workouts and bankruptcies and works with clients structuring complex transactions and purchasing distressed debt or assets. She has been involved in many complex bankruptcy and receivership cases in the Southwest. Some of her more high profile cases include: (1) representing the Investors’ Committee in the bankruptcy of hard money real estate lender Mortgages Ltd., confirming its own plan and then representing the liquidating entity in managing the $900 million loan portfolio and making distributions to investors; (2) representing the Joint Creditors’ Committee in the Baptist Foundation of Arizona bankruptcies and confirming a joint plan that liquidated the assets of the 140 debtor entities involving liabilities of $650 million; (3) representing the secured lender in proposing, confirming and implementing the joint plan in a publicly traded bankruptcy case involving time shares and resort properties; (4) representing a municipality in the Arizona Coyotes hockey bankruptcy cases which owned the arena where the NHL hockey team played; (5) representing a major petroleum producer and former owner of the El Paso Refinery in litigation over complex environmental claims and restrictive covenants; (6) representing the debtor in possession lender and purchaser of the gold mines in the cross border chapter 15 proceedings; and (7) representing a chapter 11 trustee in several cases involving the sales and operations of health care facilities. Ms. Reece has also represented lenders in several commercial real estate receiverships, including receiverships involving an operating copper mine and involving three high rise commercial office buildings. Ms. Reece has been selected as One of the Top 250 Women Litigators in the US by Benchmark for several years, as the 2014 Legal Advisor of the Year by the M&A Advisor, for the 2011 Outstanding Individual Contribution Award by the Global Turnaround Management Association, and as One of the Most Influential Business Women in Arizona, in addition to being listed for several years in Best Lawyers and Super Lawyers. She received numerous turnaround and transactional awards for her work on the cross border chapter 15 sale of gold mines in Nevada, including the M&A Advisor international and turnaround awards for cross border restructuring deal up to $100 million and the mining deal of the year, among others. Ms. Reece is the President-elect of and serves on the Board of Regents for the American College of Commercial Finance Lawyers. She is the chair of the American Bar Association Business Law Section Subcommittee on Loan Workouts. She has been actively involved in leadership in the Global Turnaround Management Association, including serving on the Board of Trustees and as Global Vice President of Membership and Conferences, and serving as Chapter President of the Arizona TMA chapter for 2 years.
