Bankruptcy Update--Point/Counterpoint
Presenter: Wanda Borges, Esq. and Bruce
Nathan, Esq.
Description:
A free-wheeling, always lively and entertaining debate between
two of NACM's favorites, Wanda and Bruce, on a host of hot bankruptcy
issues, including the division among the courts interpreting
the applicability of the new homestead cap under the recently
effective bankruptcy legislation; continued litigation over
the availability of preferred treatment of the pre-petition
unsecured claims of "critical vendors"; the latest
cases on preference claims against critical vendors and on the
new value; ordinary course of business and other preference
defenses' and other current bankruptcy developments. Questions
from the audience only liven the debate.
BIO:
Wanda Borges is a member of the Borges & Associates,
LLC law firm. Ms. Borges has concentrated her practice on commercial
litigation and creditors’ rights in commercial insolvency
matters representing corporate clients and creditors’
committees throughout the United States in Chapter 11 proceedings,
out of court settlements, commercial transactions and preference
defenses, for an excess of 25 years. She serves the Commercial
Law League of America as 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 INSOL, the American Bar Association, the
American Bankruptcy Institute, the Turnaround Management Association
and the Hispanic National Bar Association. She has become 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. She is one of the authors of the Comments of the Commercial
Law League of America and its Bankruptcy Section to the Preliminary
Draft of Proposed Amendments to the Federal Rules of Bankruptcy
Procedure. Ms. Borges has authored, edited and contributed to
numerous publications including Thomson West’s Enforcing
Judgments and Collecting Debts in New York, NACM’s Antitrust,
Restraint of Trade and Unfair Competition: Myth Versus Reality,
NAB’s Out of the Red and Into the Black, BCCA’s
Credit & Collection Handbook, the CLLA Bulletin,
and Bankruptcy Section newsletters, including her treatise “Hidden
Liens, Who Is Entitled to What?”, NACM’s Principles
of Business Credit and NACM’s Manual of Credit
and Commercial Laws.
Bruce S. Nathan is currently a member
of the law firm of Lowenstein Sandler PC and is an active member
of NACM. 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, trustees and trade creditors, and in negotiating
and preparing letters of credit, guaranties, security, consignment
and other agreements. 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 also an active member of
the American Bankruptcy Institute (“ABI”), is a
co-chair of ABI’s Unsecured Trade Creditor Committee,
is a contributing editor for the “Last In Line”
column published in the American Bankruptcy Institute Journal
and is the editor of ABI’s Second Circuit Update.
Mr. Nathan also is the author of Manual on Trade Creditors’
Rights of Reclamation and Stoppage of Delivery of Goods
published by ABI and is also the author of a monograph entitled
Protecting Corporate Creditors under the Bankruptcy Code
published by Matthew Bender. Mr. Nathan also frequently writes
for NACM’s Business Credit and other credit-oriented
periodicals. Mr. Nathan is a member of NACM’s Editorial
Advisory Board and is a contributing editor of Manual of
Credit and Commercial Laws, 96th Edition, published by
NACM. Mr. Nathan also lectures at NACM Credit Congresses and
Legislative Conferences, and at various credit groups affiliated
with NACM on bankruptcy, UCC Article 9, letter of credit law,
and other credit-related issues.
