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Deconstructing EFH

Level: Advanced
Runtime: 77 minutes
Recorded Date: May 18, 2017
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10:00 am - 11:15 am
  • Why are we deconstructing EFH?
  • Corporate Governance
  • Make-Whole Litigation
  • Impairment
  • Pre-Plan Settlement and Tender Offer
  • Committees
  • Impact of Regulators
Runtime: 1 hour and 17 minutes
Recorded: May 18, 2017


In this program, the panelists discuss the various issues that have been raised in the Energy Future Holdings bankruptcy, including make-wholes, the unimpairment opinion, the pre-plan settlement appeal, and interaction with state regulators and the bankruptcy court.

This program was recorded as part of the 2017 New York City Bankruptcy Conference on May 18th, 2017.

Provided By

American Bankruptcy Institute
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Hon. Michael E. Wiles

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

Hon. Michael E. Wiles is a U.S. Bankruptcy Judge for the Southern District of New York in New York, sworn in on March 3, 2015.

Previously, was was a partner with Debevoise & Plimpton LLP, where he focused on general commercial litigation and bankruptcy. Judge Wiles co-authored the Collier Business Workout Guide (Mathew Bender 2007) and has appeared on panels organized by the Association of the Bar of the City of New York, the American College of Investment Council and others to discuss current issues in bankruptcy litigation. He is also a former member of the Committee on Bankruptcy and Reorganization of the Association of the Bar of the City of New York. His publications and written CLE materials include “May Parties Consent to Bankruptcy Court Adjudication of ‘Stern Claims’” (September 2014) (presented at a continuing legal education session at the Association of the Bar of the City of New York); “Ponzi Schemes and Avoidance Actions: 3 Issues,” Law360 (March 7, 2011); “The Good Faith Defense to Fraudulent Transfer Claims” (December 2010) (presented at a continuing legal education session at the Association of the Bar of the City of New York); and “At the Crossroads: The Intersection of the Federal Securities Laws and the Bankruptcy Code,” The Business Lawyer (November 2007).

Judge Wiles received his A.B. degree from Georgetown University in 1975 and his J.D. from Yale Law School in 1978.

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Barbra R. Parlin

Holland & Knight LLP

Ms. Parlin is a partner in Holland & Knight LLP’s New York office and a member of its Litigation Section. She practices in the areas of bankruptcy, creditors’ rights and litigation, and represents persons who are in or are touched by financial distress, including debtors, indenture trustees, secured and unsecured creditors, bondholders and other parties in interest in chapter 11 cases, 363 sales and other bankruptcy-related matters. She also represents defendants/creditors in preference and fraudulent transfer actions, as well as secured creditors/lessors in actions to recover collateral and/ or leased property, and she advises creditors on pre-bankruptcy planning and protection strategies, advises investors in distressed-debt situations, and defends creditors in claims-objection proceedings.

Ms. Parlin has represented the foreign representative/debtor and creditors in numerous chapter 15 cases, and she is experienced in matters concerning corporate governance, director and officer liability, derivative and securities fraud litigation, SEC investigations and commercial litigation. She has also advised boards of directors with respect to their fiduciary obligations. Ms. Pafrlin has defended law firm clients in cases alleging claims to recover unfinished business, preferences, fraudulent conveyances under state and federal law, as well as damages for breach of contract and torts such as tortious interference and aiding and abetting breaches of fiduciary duty. She also advises individual partners faced with liability after their firms filed bankruptcy.

Ms. Parlin was listed in New York Super Lawyers magazine for 2013-16 and is a member of the American and New York Bar Associations, as well as ABI. She is admitted to practice in New York and New Jersey, as well as the U.S. District Courts for the Southern and Eastern Districts of New York and the District of New Jersey.

Ms. Parlin received her B.A. magna cum laude in religious studies from Yale University and her J.D. cum laude from New York University School of Law, where she received the George A. Katz Memorial Award for Academic Excellence in Securities Regulation from New York University School of Law, and also served as staff editor and articles editor of the Environmental Law Journal.

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Brian S. Hermann

Paul, Weiss, Rifkind, Wharton & Garrison LLP

Brian is a partner with Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York and deputy chair of its Bankruptcy and Corporate Reorganization Department. He focuses on a range of restructuring and bankruptcy matters for both borrower and lender clients, and he is experienced in representing clients in complex out-of-court restructurings and chapter 11 cases nationwide across a variety of industries. He also routinely represents clients in complex litigation arising out of chapter 11.

Mr. Hermann writes frequently on bankruptcy issues and has published articles that have appeared in the New York Law Journal, The Deal, ABI Journal and International Corporate Rescue. He recently co-authored the “USA” chapter of The Strategic View - Corporate Restructuring, published by the Global Legal Group.

Mr. Hermann serves on the Practicing Law Institute’s Bankruptcy and Creditor Rights Advisory Committee, and he is recognized in Chambers USA, The Legal 500, The Best Lawyers in America and Super Lawyers in the area of bankruptcy and corporate restructuring. Some of his notable cases have included Electric Holdings Co. LLC, Sabine Oil & Gas, Arch Coal, Toys ’R Us, Simon Property Group and Preferred Sands.

Mr. Hermann received his B.B.A. summa cum laude in 1991 from Pace University and his J.D. in 1996 from UCLA School of Law.

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Marc J. Heimowitz

Founder & Managing Member
Coda Advisory Group, LLC

Marc J. Heimowitz is with Coda Advisory Group LLC in New York, where he focuses on distressed and special-situation investments. He frequently takes active roles in large capital structure restructurings, administration of ad hoc creditor committees, and bankruptcy-related litigations.

Previously, Mr. Heimowitz was a portfolio manager with Claren Road Asset Management and a managing director and head of credit special situations at and Citigroup, where he managed investments related to companies in stress or reorganization, including bankruptcy reorganizations and liquidations, out-ofcourt restructurings, rescue financings and distressed acquisitions. Prior to joining Citigroup, he was a senior credit analyst on the distressed trading desk at Merrill Lynch, managed distressed-debt and emerging market portfolios, and practiced law in both New York and Florida.

Mr. Heimowitz is a Charted Financial Analyst (CFA), holds Series 7, 24 and 63 licenses with FINRA, is a member of ABI and has published and lectured on U.S. transnational insolvency matters at the World Bank and other forums.

He received his B.S. in finance with highest honors from the University of Florida and his J.D. from Columbia University School of Law in 1993, where he was a Harlan Fiske Stone Scholar.

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Andrew V. Tenzer

Paul Hastings LLP

Andrew Tenzer is a partner in the Finance and Restructuring practices at Paul Hastings and is based in the firm’s New York office. Mr. Tenzer represents lenders, troubled companies, and buyers and sellers of distressed assets in Chapter 11 reorganizations and in out-of-court and cross-border restructurings. He also has substantial experience in non-insolvency related syndicated financings, securitizations, and structured finance transactions.

Mr. Tenzer was named by Global Insolvency & Restructuring Review as one of the top “40 under 40” international restructuring professionals in the world. He is the former Chairman of the New York City Bar Association’s Bankruptcy & Reorganization Division’s Committee on Cross-Border Restructurings and Chapter 15.

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