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May 2017

American Bar Association Debuts Third Edition of "Reorganizing Failing Businesses" Co-Edited by Gordon & Rees Megan M. Adeyemo

Gordon & Rees Dallas partner Megan M. Adeyemo collaborated with Rafael X. Zahralddin-Aravena of Elliot Greenleaf, PC, to co-edit the third edition of "Reorganizing Failing Businesses, A Comprehensive Review and Analysis of Financial Restructuring and Business Reorganization." The American Bar Association (ABA) debuted this edition at the ABA Business Law Section Spring Meeting in New Orleans, Louisiana on April 6-8, 2017.

The co-editors assembled a team of authors from within the Business Bankruptcy Committee of the ABA's Business Law Section to update the last edition, which was edited and written by numerous specialists from Weil Gotshal and Manges LLP. The Business Committee is the sponsoring committee of the new edition.

This edition provides an analysis of each of the key points in a bankruptcy case and how bankruptcy law intersects and interacts with other areas of law, such as securities laws, intellectual property, antitrust, tax, healthcare and environmental laws. The edition is intended to be a resource to assist each of the various constituencies within the bankruptcy process.

In addition to co-editing the treatise, Ms. Adeyemo authored two chapters. The first chapter is on preferential and fraudulent transfers, and the second is on purchases of financially troubled companies and their assets through a bankruptcy. Gordon & Rees senior counsel Jennifer E. Duty also authored a chapter on bankruptcy jurisdiction.

Megan M. Adeyemo has substantial experience in the representation of debtors, creditors and trustees in bankruptcy proceedings throughout the United States. She has represented creditors’ committees, debtors-in-possession, chapter 11 and 7 trustees, liquidating trustees, and secured and unsecured creditors. She has negotiated settlements and debtor-in-possession financing, and drafted asset purchase agreements and other asset transfer documents, including the transfer of intellectual property rights.

Ms. Adeyemo’s bankruptcy experience encompasses, among other areas, destination resort clubs, finance (factoring company), farming (organic farms, agricultural financing and PACA), manufacturing (medical devices), real estate (residential home and condominium complex developments) and commercial property (landlords in tenant and guarantor bankruptcies and banks and other secured mortgagors). Ms. Adeyemo also represents the interests of creditors in proceedings in Colorado and Texas state courts.  Ms. Adeyemo's experience includes the representation of commercial property owners and landlords in lease and other tenant related litigation and secured lenders in foreclosures and proceedings to appoint receivers. 

Jennifer E. Duty focuses her practice in the areas of Bankruptcy, Restructuring & Creditors' Rights and Commercial Litigation. Ms. Duty litigates adversary proceedings and claim objections in bankruptcy court and protects the rights of secured and unsecured creditors. Generally, her clients included financial institutions, debtors, Chapter 7 and 11 Trustees, creditors and defendants in avoidance and recovery actions. Ms. Duty also has extensive experience defending both commercial and fiduciary claims in state court proceedings. Ms. Duty has litigated claims relating to breach of contracts and guaranties, professional liability, fraudulent transfers of assets, debt collection, product liability, and premises liability.

About the American Bar Association:

The American Bar Association is one of the world's largest voluntary professional organizations, with over 400,000 members and more than 3,500 entities. It is committed to serving its members, improving the legal profession, eliminating bias and enhancing diversity, and advancing the rule of law throughout the United States and around the world. 

The mission of the Business Law Section is to serve its members, the profession, and the public by providing educational resources to its members, assisting members in serving their clients ethically and competently, and furthering the development and improvement of business law. 

The Business Bankruptcy Committee is the world's largest organization of bankruptcy restructuring lawyers made up exclusively of bankruptcy attorneys, law professors and judges. The Committee has become the go-to organization for bankruptcy reform, and develops and reviews proposed bankruptcy legislation and rules. As a nongovernmental organization recognized by the United Nations Commission on International Trade Law, the Committee is an important participant in UNCITRAL's Insolvency Working Group.


Bankruptcy, Restructuring & Creditors' Rights

Megan M. Adeyemo

Bankruptcy, Restructuring & Creditors' Rights
Business Taxation