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Educational Breakfast Seminar - Bankruptcy for Bankers

Date: February 25, 2010
Time: 8:00 AM  - 10:30 AM
Place: Club 101
RSVP By: February 25, 2010
Price: Members: $50
Non-Members: $65
Description: $65 at the Door for all walk-ins

How will bankruptcy affect troubled commercial real estate loans this time around?
Most bankers who lived through the last downturn already know everything they want to know about the automatic stay and what a cramdown is. But will bankruptcy work differently this time around? Should bankers even worry about bankruptcy this time around? If so, what new issues do bankers need to know about? How will the courts respond to single-asset real estate cases going forward? Did the General Growth bankruptcy change everything?
To answer these questions and more, and get an overview of how the bankruptcy courts might deal with commercial real estate going forward, MBA of New York education committee chair Joshua Stein has invited two leading NYC bankruptcy lawyers to speak on this topic.

Our speakers will be Mark Broude of Latham & Watkins and Greg Schwed of Loeb & Loeb, both of whom practice exclusively bankruptcy and creditors’ rights law. They’ll try to answer the questions suggested in the last paragraph, and also take other questions from the audience.


This presentation will be targeted for bankers who have some limited knowledge of the basics of bankruptcy, but want an update on what they need to know now.

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Speaker:
MARK BROUDE, Esq.
Latham & Watkins, LLP

Mark Broude is a partner in the New York office of Latham & Watkins, where he is a member of the Insolvency Practice group. Mr. Broude's areas of expertise include business reorganization, creditors' rights, representation of unsecured creditors' committees and bank finance. Prior to joining the firm in June 2002, Mr. Broude was a partner at Schulte Roth & Zabel in New York.
Mr. Broude has had extensive experience on a variety of major bankruptcy transactions. He has regularly represented pre-petition and post-petition lenders in a substantial number of workouts and chapter 11 cases. Mr. Broude represents bondholders, both individually and formal and informal committees, as well as statutory committees, including most recently the official committee of unsecured creditors of Delphi Corporation, the largest industrial bankruptcy in United States history. He has represented Debtors in complex chapter 11 cases, including Spring Air Partners. He also represents potential acquirers of assets of companies in chapter 11, both under section 363 and pursuant to plans of reorganization. Mr. Broude has received recognition of his expertise in the bankruptcy field, including his being named one of the leading practitioners in the restructuring and insolvency arena by Chambers USA and Chambers Global.
Mr. Broude is the author of several articles, including:

Co-Author, "Executive Compensation Under Amendments to the Code," New York Law Journal, March 5, 2007
"New Bankruptcy Reform Has Significant Impact on Corporate Bankruptcies," International Bar Association Legal Practice Division, September 2005
"Securitization and the US Bankruptcy Reform Act of 2001," Global Insolvency & Restructuring Review, July/August 2001
"Selected Provisions of the United States Bankruptcy Reform Act 1999," International Business Lawyer, July/August 2000
"Repurchase Agreements Under the United States Bankruptcy Code," International Insolvency and Creditors' Rights Report, May 1999
"Asset Sales and Successor Liability: Which Process Provides the Most Protection?," Bankruptcy Court Decisions, January 7, 1997
Co-Author, "Celotex May Encourage Sec. 105 Injunctions," The Bankruptcy Strategist, July 1995

Mr. Broude is a member of the American Bar Association, the New York State Bar Association and the International Bar Association.


P. GREGORY SCHWED, Partner
Loeb & Loeb, LLP,

Greg Schwed concentrates his practice on bankruptcy, creditors’ rights, and related litigation. His clients are typically institutional lenders and creditors in reorganizations, liquidations, insolvency planning, preference defense cases, bankruptcy asset sales and loan workouts.

Mr. Schwed has also successfully litigated and represented creditors in numerous insolvencies, including Delphi, WorldCom, Refco, Boscov's, Ownit, ResMAE, Axium, Enron, Pillowtex, Ames, Covanta, Winstar, LTV, Golden Books, Lomas Financial, Livent, Maidenform, The Wiz, Hooker Investments, Eastern Airlines, White Motor Credit, Yugo America, Cellcom, Continental Airlines, International Harvester, Lombard Wall, Advent, O.P.M., Massey Ferguson, UPI and Braniff.

Representative Experience
Representations have included:
Two of the major accounting firms in various insolvency and bankruptcy settings
Major banks, brokerage firms and other institutions in subprime, bankruptcy and litigation contexts
Defrauded investors in the Bernard Madoff and Bayou Securities Ponzi scheme bankruptcies
The California Department of Corporations in the FPA Chapter 11 and the Commonwealth of Pennsylvania in the Adelphia Chapter 11
The Chapter 11 examiner for a failed hedge fund
Successful litigation in In re United Merchants and Manufacturers, 674 F.2d 134 (2d Cir. 1982) (establishing unsecured creditor's right to attorneys' fees and liquidated damages in a reorganization); In re G. Heileman Brewing Co., 128 B.R. 876 (Bankr. S.D.N.Y. 1991) (holding unconstitutional the Bankruptcy Code power to reject contracts when in conflict with state liquor regulations); In re Trans World Airlines, 145 F.3d 124 (3d Cir. 1998) (establishing aircraft lessor’s right to an administrative claim for airline’s failure to meet maintenance conditions); In re NTL (Maxcor v. Schoenfeld, N.Y. Index No. 600410/03) (2004) (Ordering equitable adjustment of Chapter 11 company's post-confirmation "when-issued" market); and In re Bayou Group (U.S. v. Israel, 05-CR-1039(CM)) (2008) (District Court establishing new law requiring reserve fund for Ponzi-scheme investors)
(For full bio on Gregory Schwed: visit www.loeb.com/pgregory_schwed/)

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