Using Substantive Consolidation and Similar Remedies to Consolidate the Bankruptcy Estate
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address substantive consolidation which allows the bankruptcy court to treat two or more debtors as one entity, pool the assets and claims of all entities, and eliminate inter-company claims for purposes of administration and distribution of assets.
Outline
- Substantive consolidation
- Alter ego
- Piercing the veil
- Best practices for creditors
- Best practices for debtors
Benefits
The panel will review these and other key issues:
- In which jurisdictions is non-consensual substantive consolidation still viable?
- How does substantive consolidation in bankruptcy court differ from theories of alter ego and piercing the corporate veil?
- Does the bankruptcy trustee have exclusive standing to pursue alter ego claims, or is this remedy available to creditors as well?
- What factors do courts consider in granting these remedies?
- What are best practices for debtors to reduce the risk that their business and financial affairs are not closely intertwined with affiliated non-debtor entities?
Faculty
Steven Fender
Managing Partner
Steven Fender
Mr. Fender focuses his practice on bankruptcy and commercial litigation matters, in both state and federal courts.... | Read More
Mr. Fender focuses his practice on bankruptcy and commercial litigation matters, in both state and federal courts. He routinely handles chapter 7 trustee adversary proceedings and contested matters. He has over 20 years of experience litigating and trying cases in the areas of employment disputes, shareholder negotiations and disputes, contract claims, unfair competition litigation, intellectual property, business tort, and contract matters.
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Keith M. Aurzada
Partner
Reed Smith
Mr. Aurzada works with his clients to solve complex business problems. He regularly assists clients on matters... | Read More
Mr. Aurzada works with his clients to solve complex business problems. He regularly assists clients on matters involving significant corporate transactions, the preservation of intellectual property, civil litigation, and the restructuring of indebtedness. He advises public and private corporations, boards of directors, and management teams, and his industry experience includes representing companies involved in the technology industry, healthcare, real estate, retail, manufacturing, health spas, restaurants, and oil and gas.
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