Relief from Stay in Bankruptcy: Understanding Claims and Creditor Rights

Katharine Battaia Clark | Thompson Coburn LLP

As a dedicated and strategic advocate in bankruptcy and commercial litigation, Katie Clark provides counsel on cases involving insolvencies, restructurings, reorganizations, and liquidations, as well as on general business issues arising in an array of industries, including energy and real estate.

Katie’s clients include banks, court-appointed fiduciaries, secured and unsecured creditors, companies, and different capital structure constituencies, as well as debtors (on occasion). She handles Chapter 7, 11, 13 and 15 bankruptcies, troubled business cases, and actions related to fraud resulting in bankruptcy or other displacement of management or control. In addition, Katie guides clients in large insolvency cases where billions of dollars of liability are at stake.

When serving as a state and federal court receiver in bankruptcy and fiduciary representations, Katie combines legal prowess with business acumen to craft practical and just resolutions. She finds it highly gratifying to help those who have been defrauded recover the money they’re due. In addition, Katie often acts as a Subchapter V trustee, reviewing debtors’ financial statements, creating recovery plans acceptable to creditors and making frequent court appearances while carrying out her duties. Always professional and congenial, Katie fosters collaboration amongst diverse parties in order to procure optimal resolutions and preserve business relationships while zealously protecting and advancing her clients’ interests.

Joseph Orbach | Thompson Coburn LLP

Joe has represented a variety of clients in diverse aspects of bankruptcy and insolvency law. His practice primarily focuses on the representation of debtors, creditors’ committees, secured and unsecured creditors, and trustees in corporate reorganizations, restructurings and liquidations.

In the course of such representations, Joe has analyzed and prosecuted hundreds of preferences and fraudulent transfers adversary proceedings for liquidating trustees and has also defended dozens preference actions. Additionally, Joe has advised companies on distressed asset investments, sales and initial and secondary capital offerings. While at law school, Joe was elected to the Order of the Coif. Joe is an American Bankruptcy Institute certified bankruptcy mediator and is a member of the Mediation Panel of the U.S. Bankruptcy Courts of the Eastern and Southern Districts of New York and the District of Delaware.

I. Types of Claims in Bankruptcy and How to Assert a Claim | 1:00pm – 1:30pm

II. Stay Relief and Adequate Protection | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Plan Objections and Non-Dischargeable Debts | 2:10pm – 2:30pm

IV. Creditor Committees | 2:30pm – 2:50pm

V. Preferences, Fraudulent Transfers and Other Bankruptcy Litigation | 2:50pm – 3:10pm