NY Bankruptcy Roundtable 2012

Bankruptcy Litigation Roundtable

New York City, Wednesday, March 14, 2012

8:30 - 10:30 AM
Jumeirah Essex House
160 Central Park South, New York

The Institutional Investor Educational Foundation (IIEF) hosted a breakfast roundtable discussion of recent developments in bankruptcy litigation. Moderator Judge Gonzalez provided a valuable perspective as the the judge who has presided in several major bankruptcy cases, including Enron, WorldCom and Chrysler.

The small, select group of institutional investors, attorneys, bankruptcy specialists and academics participating in this roundtable represented diverse perspectives. Chatham House rules were followed to encourage free and open dialogue.

IIEF Members are invited to read workbook materials and a discussion summary in our Members Only section.

Discussion Topics:

  • Can Gheewalla and Lemington be reconciled? Are deepening insolvency claims still a concern? Should they be?
  • Do professionals now have a free pass? The ever-strengthening in pari delicto defense
  • Have LP’s lost their fiduciary rights? Has the law failed to protect investors or can sophisticated investors protect themselves?
  • Are trustee clawbacks v. LBO shareholder sellers an abuse of innocent investors?
  • Are fraudulent conveyance actions v. LBO sponsors an abuse of innocent PE firms?
  • Does Liberty Media Show the Way to Strip the Cupboard and Leave Bondholders High and Dry?

Moderator: Judge Arthur Joseph Gonzalez

Chief Judge, Law Professor, Lifelong Educator

Judge Gonzalez is an Adjunct Professor of Law at NYU School of Law. He received an undergraduate degree in accounting from Fordham University in 1969, a masters degree in education from Brooklyn College in 1974 and a J.D. from Fordham University School of Law in 1982. He also received an L.L.M. in taxation from New York University School of Law in 1990.

Judge Gonzalez was an attorney in the Office of Chief Counsel of the Internal Revenue Service and earned the Chief Counsel's Special Achievement Award for three consecutive years. Thereafter, he entered private practice. Judge Gonzalez was appointed Assistant United States Trustee in the Southern District of New York in 1991. He was appointed United States Trustee for Region 2 (Second Circuit) in 1993 and served in that position until his appointment to the United States Bankruptcy Court for the Southern District of New York in 1995 to a fourteen-year term. In 2009 he was reappointed to another fourteen-year term and in 2010 was appointed Chief Judge.

Prior to beginning his law career, Judge Gonzalez was a teacher in the New York City School System for 13 years.

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