Monday, November 2, 2015, 8:45 am – 7:00 pm ET

Union League Club
38 East 37th Street
New York, NY 10016

AIRA's Annual Advanced Restructuring and Plan of Reorganization Conference in New York ("NY POR") is a forum presenting legal and financial perspectives on developments in bankruptcy, insolvency and restructuring. The one day program of individual and panel presentations is geared toward maximizing opportunities for learning, exchange and networking, as well as offering credit for continuing legal and professional education.

The conference includes breakfast; a keynote presentation "Automotive Outlook – Then and Now," by Ted Stenger, Managing Director, AlixPartners, LLP; and a reception for the recipient of AIRA’s 2015 Judicial Service Award, Hon. Robert D. Drain, Judge, U.S. Bankruptcy Court, SDNY.

7:45 – 8:45amBreakfast
Sponsored by Sheppard, Mullin, Richter & Hampton LLP
8:45 – 9:00amIntroduction and Opening Remarks
9:00 – 10:15am2015–Year in Review from Perspective of Judges and Attorneys

This presentation will cover the leading decisions and case law issued over the past year from the 2nd and 3rd Circuits

10:15 – 11:15amAlternatives to Bankruptcy

BAPCPA, rising costs, and requirements for ever–faster business solutions are all driving business and their advisors to think hard about whether bankruptcy is the best solution for an entity's end–of–life dissolution. This panel will discuss Assignments for the Benefit of Creditors, both State and Federal Receiverships and UCC Foreclosures as alternatives. The will also be a general discussion over how the alternatives work, benefits and risk factors and an overview of the role of the Court.

11:30am – 12:15pmValuation of Energy Assets in Distressed Markets and Bankruptcy

This presentation will examine valuation of energy assets in the context of a distressed market and bankruptcy. The panel will discuss factors, including market and company–specific, that are most critical for a company and lender to consider when valuing distressed assets. The discussion will focus on the alternative energy and oil and gas sectors.

  • Panel:         Marlene Motyka, Deloitte Transactions and Business Analytics (Moderator)
  •                    Sunni P. Beville, Esq., Brown Rudnick LLP
  •                    Anders J. Maxwell, Peter J. Solomon Company
  •                    Joseph Smolinsky, Esq., Weil Gotshal & Manges LLP – Business Finance and Restructuring
12:15 – 1:30pmLunch and Keynote Presentation
"Automotive Outlook – Then and Now"

The dramatic global crisis of 2008 is a distant memory. The need for structural change seemed evident and urgent. The industry has experienced 5 years of strong demand and profitability. How did that change the agenda? Then and Now will explore that question.

by Ted Stenger, Managing Director, AlixPartners, LLP
Sponsored by CohnReznick LLP and RSM US LLP
1:30 – 2:30pm Lending – Exit Financing and Various Debt Structures

Discussion topics include the financing alternatives available to stressed and distressed companies with the changes in lenders and products, and the strategies and structures that have been used for exit financing.

  • Panel:         Larry Halperin, Esq., Chapman & Cutler (Moderator)
  •                    Len Sheer, Debt Capital Markets
  •                    Richard Shinder, TPG Special Situations
  •                    Michael Vasquez, Wells Fargo Capital Finance
2:30 – 3:30pmChina's New Normal: How Far, How Deep, What Type of Impact?

The slowing of China's economy is now unmistakable, and its 2015 summer of market turmoil has generated prolific uncertainty and questions as to where China's economy is headed. The transition underway in China's economy will carry broad impacts domestically and globally, with considerable variation in nature and intensity by industry and geography. This panel will explore China's "New Normal" and its potential impacts in the following areas:

  • Macroeconomic overview – Where is China headed? What are the underlying drivers?
  • Which sectors show greatest signs of distress?
  • Restructuring and turnarounds in China – Current state and future prospects
  • Impact of China on restructurings globally
  • Panel:         Brent Carlson, CIRA, AlixPartners, LLP (Moderator)
  •                    Prof. Charles D. Booth, Richardson School of Law, University of Hawaii at Manoa; Special Counsel, Sheppard Mullin, NY
  •                    Malhar S. Pagay, Esq., Pachulski Stang Ziehl & Jones LLP
  •                    Carren Shulman, Esq., Sheppard, Mullin, Richter & Hampton LLP
3:30 – 3:45pmAfternoon Break
Sponsored by Greenberg Traurig, LLP
3:45 – 4:45pmTax Consequences of 363 Asset Sales

This panel will address current developments affecting the tax treatment of Section 363 asset sale transactions in bankruptcy. We will discuss whether the sale qualifies for tax–free treatment as a "G" reorganization under the Internal Revenue Code (General Motors); transfer tax exemptions (Florida v. Piccadilly and In re 995 Fifth Avenue); the meaning of "free and clear" and sovereign immunity issues in successor liability claims in connection with sales tax bulk sale notification requirements; trustee subject matter jurisdiction and other Section 505 issues.

5:00 – 7:00pmReception

The conference will conclude with a reception honoring the recipient of
AIRA's 2015 Judicial Service Award:

The Honorable Robert D. Drain
Judge, U.S. Bankruptcy Court, Southern District of New York

Reception Sponsored by Arent Fox LLP; Duane Morris LLP; Kaye Scholer LLP; WeiserMazars LLP; Young Conaway Stargatt & Taylor, LLP


USB Materials Sponsor

Planning Committee

Co-Chairs: Walter Greenhalgh,Duane Morris LLP and Brian Ryniker, CIRA,CBIZ MHM, LLC
Committee: David Bart, CIRA, CDBV, RSM US LLP; David Berliner, CIRA, BDO USA, LLP
Megan Campbell, CohnReznick LLP; Kevin Clancy, CIRA, CohnReznick LLP
Steve Darr, CIRA, CDBV, Huron Business Advisory;Mark Feldman, CIRA, CDBVCold Spring Group, Inc.
Robert Hirsh, Arent Fox LLP; Benjamin Mintz, Kaye Scholer LLP
Scott Rinaldi, FTI Consulting, Inc.; Anthony Sasso, CIRA, Deloitte CRG
Matthew Schwartz, CIRA, Bederson LLP; Andrew Silfen, Arent Fox LLP
Teri Stratton, CIRA, Piper Jaffray & Co.; Mike Sullivan, CIRA, Deloitte CRG
Scott Tandberg, CIRA, AlixPartners LLP; Joel Waite, Young Conaway Stargatt & Taylor, LLP

Download the Brochure


On or before October 26 – Member: $395; Non–Member:$425
After October 26 – Member:$425; Non–Member: $455
Reception Only–Member: $75; Non–Member: $95
Judicial/Government/Academic: $115

CPE/CLE: Up to 8.0 Hours of CPE or 7.0 CLE Available

Additional Information—Registration and payment of fee must be completed in advance at, or at the onsite registration desk. Registrants can choose to receive materials in digital formats on a usb thumb drive, or digital materials with a printed binder of materials for reference during and after the conference.

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Cancellations and Refunds

No refunds will be given for cancellations after October 26, 2015; however, substitutions will be allowed.

Questions and Complaint Resolution

For assistance or questions regarding refund, complaint and/or program cancellation policies, please contact our offices at 541.858.1665. For additional questions or for resolution of any complaint, please send an email to Grant Newton, Executive Director, at