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Chapter 11 and the Airline Industry

Level: Intermediate
Runtime: 57 minutes
Recorded Date: December 10, 2021
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  • Foreign Airlines Seek Chapter 11 Protection
  • Recent Airline Cases
  • Eligibility and Venue Selection
  • Why the Lack of Domestic Filings?
  • Ancillary Proceedings
  • Issues in Recent Airline Cases
  • Foreign and International Law Issues; Conflicting Laws
  • Fleet Negotiations - Section 1110 Bankruptcy Code
  • Issues related to 11 USC Section 1110
Runtime: 57 minutes
Recorded: December 10, 2021

For NY - Difficulty Level: For experienced attorneys only (non-transitional)
For NY - Difficulty Level: Both newly admitted and experienced attorneys


Chapter 11 doesn’t work for every corporate liquidation. This panel of experts will discuss other ways a corporation can be liquidated, including out-of-court liquidations, receiverships, ABCs, the Delaware Dissolution Statute and chapter 7.

This program was recorded as part of ABI's 2021 Winter Leadership Conference on December 10th, 2021.

Provided By

American Bankruptcy Institute
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Kyle J. Ortiz

Togut, Segal & Segal, LLP

Mr. Ortiz provides efficient and practical advice to debtors, creditors, and other parties in interest in corporate restructurings, both in- and out-of-court.

Mr. Ortiz has represented debtors in some of the largest and most complex chapter 11 cases of the past decade, including: Pacific Drilling, Westinghouse, Toisa, SunEdison, Aeropostale, American Airlines, and Lehman Brothers Holdings, Inc. Mr. Ortiz has also represented creditors and lenders in the financial services and real estate sectors. Mr. Ortiz's pro bono work has been recognized by both the Legal Aid Society and the New York State Bar Association.

Mr. Ortiz is a frequent lecturer and author on a range of bankruptcy topics. In 2018 Mr. Ortiz was named by the American Bankruptcy Institute as one of its 40 Under 40 Rising Stars in the restructuring community and by Finance Monthly as Restructuring Lawyer of the Year. In 2019, Mr. Ortiz received an Emerging Leaders Award from The M&A Advisor, which recognizes and celebrates the achievements of outstanding young M&A, financing, and turnaround professionals who have reached a significant level of success while still under 40.

Prior to beginning his legal career, Mr. Ortiz founded Operation ASHA in Cambodia, an arm of the worldwide tuberculosis treatment organization, Operation ASHA. Operation ASHA in Cambodia has grown to over 50 tuberculosis treatment centers serving over a million people in 1283 villages in and around Cambodia's capital, Phnom Penh. Mr. Ortiz currently sits on the U.S. Board of Directors for Operation ASHA Worldwide.

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Evan R. Fleck

Milbank, Tweed, Hadley & McCloy LLP

Evan R. Fleck is a partner in the New York office of Milbank and a member of the firm’s Financial Restructuring Group.

A partner since 2010, Mr. Fleck has worked on a wide range of corporate restructurings and bankruptcies, representing both debtors and creditors in in-court and out-of-court restructurings, lenders and other strategic parties. He has advised numerous other creditors in distressed situations, and has focused on the insolvency aspects of derivative and structured financing transactions.

Mr. Fleck has been involved as one of the lead attorneys in Milbank’s representation of the Official Committee of Unsecured Creditors of FirstEnergy Solutions, Boart Longyear Ltd., Reorganized Arcapita Bank, the ad hoc committee of unsecured creditors of Ultra Resources, Inc., the ad hoc group of unsecured noteholders of GulfMark Offshore, Inc., the administrative and collateral agent of The Gymboree Corporation, the ad hoc group of noteholders of 21st Century Oncology, the Official Committee of Unsecured Creditors of Alpha Natural Resources, the ad hoc committee of noteholders and DIP lenders of Magnetation, LLC, the ad hoc committee of senior noteholders of Chaparral Energy, and Ambac Financial Group in the municipal debt restructuring of Puerto Rico. He recently represented the ad hoc committee of secured lenders to Vantage Drilling and the Official Committee of Unsecured Creditors in Lehman Brothers Holdings Inc. Mr. Fleck also has significant experience in energy and E&P restructurings, including as counsel to San Antonio Oil & Gas, the second lien noteholders of Southern Pacific, Citibank in the Energy Future Holdings chapter 11 cases, the Official Committee of Unsecured Creditors of ATP Oil and Gas; and creditors in other exploration and production situations.

Mr. Fleck has been a featured panelist and lecturer at national conferences and law schools on topics involving distressed situations.

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Hon. Kevin J. Carey

U.S. Bankruptcy Court, District of Delaware

Hon. Kevin J. Carey is a U.S. Bankruptcy Judge for the District of Delaware in Wilmington, first appointed in 2005 and serving as Chief Judge from 2008-11.

He previously served as a U.S. bankruptcy judge for the Eastern District of Pennsylvania, appointed on Jan. 25, 2001. Judge Carey serves on ABI’s Executive Committee as Vice President-Membership and is a past global chairman of the Turnaround Management Association. He is a member of the National Conference of Bankruptcy Judges and also serves as an associate editor for the American Bankruptcy Law Journal.

Judge Carey is the Third Circuit representative on the Administrative Office’s Bankruptcy Judges Advisory Group and is a member of the Third Circuit Judicial Council’s Facilities and Security Committee. He is also a contributing author to Collier on Bankruptcy and Collier Forms Manual. Judge Carey is a part-time adjunct professor in the LL.M. in Bankruptcy program at St. John’s University School of Law in New York and at Temple University’s Beasley School of Law in Philadelphia. He began his legal career in 1979 as law clerk to Bankruptcy Judge Thomas M. Twardowski, then clerked for the U.S. Bankruptcy Court for the Eastern District of Pennsylvania.

Judge Carey received his B.A. in 1976 from Pennsylvania State University and his J.D. in 1979 from Villanova University School of Law.

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Cecily A. Dumas

Pillsbury Winthrop Shaw Pittman LLP

Cecily Dumas is a partner in the law firm's Insolvency & Restructuring practice and is located in the San Francisco office. She practices in the areas of business bankruptcies, commercial transactions and commercial litigation.

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Hon. Martin Glenn

U.S. Bankruptcy Court, Southern District of New York

Hon. Martin Glenn was sworn in as a United States Bankruptcy Judge for the Southern District of New York on November 30, 2006. He received his B.S. degree from Cornell University in 1968 and his J.D. degree from Rutgers Law School in 1971. He was an Articles Editor of the Rutgers Law Review. 

Judge Glenn was a law clerk for Hon. Henry J. Friendly, Chief Judge of the U.S. Court of Appeals for the Second Circuit, from 1971-72. From 1972 until his appointment to the bench, Judge Glenn practiced law with O'Melveny & Myers LLP, in Los Angeles from 1972-85 and in New York from 1985-06, focusing on complex civil litigation, including securities, RICO, financial and accounting fraud, and unfair competition. 

 Judge Glenn is an member of the American Law Institute, a Trustee of the Federal Bar Council and member of its Program Committee. He is a member of the Association of the Bar of the City of New York, having previously served on its Federal Courts Committee and Ad Hoc Committee on Judicial Conduct. He is a member and former Co-Chair of the Advisory Group to the New York State-Federal Judicial Council. For more than 25 years, Judge Glenn has taught trial advocacy for the National Institute for Trial Advocacy. He has also lectured and written articles on numerous topics.

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