Wednesday,May 7 3:00 - 4:00pm eastern

Bankruptcy Update: Point/Counterpoint
Presenter: Wanda Borges, Esq. and Bruce Nathan, Esq.

Description:
Tune into this free-wheeling and always lively and entertaining debate between two of NACM’s favorites, Wanda and Bruce, on a host of hot issues in bankruptcy. Topics which have come to the forefront of chapter 11 proceedings include the evolution of the new priority claim for unpaid suppliers of goods and the latest court decisions and court-approved arrangements that will impact on payment of such claims, executory contracts and doing business with a Chapter 11 debtor, including the possible extension of credit, the newest developments on preferences, featuring recent cases on whether credit card payments are recoverable preferences and the impact of the new value and ordinary course of business defenses under the BAPCPA. Questions from the audience will enliven the debate.

Bio:
Wanda Borges, Esq. is the principal member of Borges & Associates, LLC, a law firm based in Syosset, New York.  For more than twenty-eight years, Ms. Borges has concentrated her practice on commercial litigation and creditors' rights in bankruptcy matters, representing corporate clients and creditors’ committees throughout the United States in Chapter 11 proceedings, out of court settlements, commercial transactions and preference litigation.  She serves the Commercial Law League of America as its President and has been an Attorney Member of its National Board of Governors, a Past Chair of the Bankruptcy Section and a past member of the executive council of its Eastern Region. She is a member of the American Bar Association, the American Bankruptcy Institute, the Hispanic National Bar Association, the Turnaround Management Association and is an associate member of the International Association of Commercial Collectors.  She is a regular lecturer for NACM National and its affiliated associations on commercial and corporate law (including ECOA, the Uniform Commercial Code and FCRA), insolvency matters, creditors’ rights issues, antitrust law and the Sarbanes-Oxley Act of 2002.  Ms. Borges has authored, edited and contributed to numerous publications including Thomson West’s Enforcing Judgments and Collecting Debts in New York, NAB’s book Out of the Red and into the Black, the BCCA’s  Credit & Collection Handbook, the CLLA Commercial Law Journal,  Bulletin, Debt 3 and Bankruptcy Section newsletters, including her treatise “Hidden Liens, Who is Entitled to What?” and NACM’s Antitrust, Restraint of Trade and Unfair Competition:  Myth Versus Reality,  Manual of Credit and Collection Laws and its Principles of Business Credit.  She has co-authored The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 – An Overhaul of U.S. Bankruptcy Law, also published by the NACM. 

Bruce S. Nathan is currently a partner in the Bankruptcy, Financial Reorganization and Creditors’ Rights Group of the law firm of Lowenstein Sandler PC and is located in the firm’s New York City office.  Mr. Nathan concentrates on all aspects of creditors' rights and workouts in bankruptcy, out-of-court matters and other types of insolvency cases for secured creditors, creditors' committees, unsecured creditors, trustees and other creditors. Mr. Nathan serves as counsel to the unsecured creditors’ committees in Interstate Bakeries Corporation and Advanced Marketing Services Inc. and has represented substantial creditor and other interests in the Enron, WorldCom, Solutia, Metromedia Fiber Network, Adelphia, Calpine, Heilig-Meyers, Quebecor and Sofa Express chapter 11 cases.  Mr. Nathan also negotiates and prepares letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements for credit departments of institutional clients and is also involved in the negotiation and preparation of loan, letter of credit, and factoring documentation and other matters for banks, asset-based lenders and factors.  Mr. Nathan holds combined J.D./M.B.A. degrees from the University of Pennsylvania Law School and the Wharton School of Management.  He is an active member of the American Bankruptcy Institute (“ABI”); is a member of ABI’s board of directors; is a former Co-Chair of ABI’s Unsecured Trade Creditor Committee; is a contributing editor of ABI Journal’s Last In Line Column and ABI’s Second Circuit Cases Update;; and is the author of ABI’s Manual On Sellers’ Rights of Reclamation, Stoppage of Delivery and New Administrative Claim.  Mr. Nathan is also an active member of the National Association of Credit Management (NACM) and regularly lectures for NACM National and its affiliates on bankruptcy and other insolvency matters; credit applications and credit law; credit enhancements, such as letters of credit, purchase money security interests, consignments, guarantees, credit insurance, puts and sales of claims; and lien and trust fund rights, setoff and recoupment and other creditor remedies.  Mr. Nathan is also a member of NACM’s Editorial Advisory Board; is a regular contributor to NACM’s Business Credit; is a contributing editor of NACM’s Manual of Credit and Commercial Laws; and co-authored The Bankruptcy Abuse Prevention And Consumer Protection Act of 2005: An Overhaul of U.S. Bankruptcy Law, published by NACM. Mr. Nathan is also a member of FCIB and recently spoke at the 4th China International Credit and Risk Management Conference and on other occasions on the People’s Republic of China’s 2006 Law on Enterprise Bankruptcy, discussing the law’s key provisions, the improvements over China’s prior bankruptcy law, the law’s similarities and differences with United States bankruptcy law and the upcoming implementation challenges.