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Goodmans at The Canadian Institute's Insolvency & Restructuring Conference


Lawyer Robert Chadwick, Gale Rubenstein
Area Corporate Restructuring


Advanced Commercial Insolvency & Restructuring Forum
January 19 - 20, 2011
Sutton Place Hotel
Toronto, Ontario

Thursday, January 20, 2011

10:45:  Lessons from Large Restructurings:  Gaining Insights for Everyday Practice

Speaker:  Robert Chadwick, Partner, Goodmans LLP

Abitibi, Canwest & Nortel are just three of the large restructurings making headlines regularly.  To make these complex transactions work, dynamic and creative ways of solving the puzzles that restructurings present are being developed by those involved.  Learn important lessons from these cases that you can use in every day practice to make you more effective.

1:00:  Analyzing What “Debtor in Possession” Really Means in Practice

Speaker:  Gale Rubenstein, Partner, Goodmans LLP

This session will cover:

  • Exploring whether the presence of a court-appointed Monitor provides a sufficient “check” on a debtor’s actions in dealing with its stakeholders
  • Determining whether the inclusion of certain events of default under DIP loan agreements hinders the presiding judge’s discretion to make certain Orders or has the effect of pre-determining certain disputes
  • Considering how the many parties in a CCAA proceeding with an effective veto on a company’s restructuring efforts may make the concept of “debtor in possession” illusory
  • Preserving the Canadian concept of “debtor in possession” in a cross-border filing in the U.S.
  • Avoiding unnecessary tensions between the monitor and the company’s management
  • Employing best practices in dealing with the company’s DIP Lenders
  • Working effectively with court-appointed representative counsel for employee/retiree stakeholder groups

2:15:   In “Court” on a CCAA Proceeding

Speaker:  Fred Myers, Partner, Goodmans LLP

You be the judge and ask the tough questions as litigators discuss a fact situation. Sometimes when bargaining power is equal and compromise cannot be reached, matters must be pursued in court.  This session will help you see the issues from a different perspective and reach a conclusion as to what strategies or arguments are most compelling in reaching a “decision”.  The speakers will work from a particular fact situation and encourage audience participation in the form of questions from “the bench.”

For more information, please click here.