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Receivers' Huddle: Unusual, Challenging, & Difficult Asset Sales
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4/24/2024
When: Wednesday, April 24, 2024
2:00 - 3:30 PM ET
Where: Zoom Meeting
United States
Contact: NAFER Staff
naferstaff@nafer.org
888-778-5933


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Receivers' Huddle Series: Unusual, Challenging, & Difficult Asset Sales


Wednesday, April 24 | 2:00 - 3:30 PM ET (11:00 AM - 12:30 PM PT)

Getting It Done: War stories, tricks and guidance for selling difficult assets in difficult circumstances.

  

NAFER Members: FREE

Non-Member Attendees: $50

 

Presented by:

    
 Harold Bordwin
Keen-Summit Capital Partners
Brandon Carr
Buchalter
Kenton Johnson
Stapleton Group
Alex Moglia
Moglia Advisors
Robert Mosier
Mosioer & Company

 

 

 

 
 
 
 
 
 
 
 

About Our Speakers

Harold Bordwin
Keen-Summit Capital Partners
New York, NY

Harold is responsible for all aspects of business development and execution at Keen-Summit Capital Partners. He focuses on developing and implementing strategic real estate and corporate finance plans for his clients. Those plans involve real estate analysis, real estate acquisitions and dispositions, lease modifications and terminations, and corporate finance and capital market services. Harold is also a receiver and provides fiduciary services to his clients. Harold has more than 33 years of real estate advisory and transactional experience, with particular expertise in workouts and restructurings and other special situations. He has represented financial, corporate and retail clients. As a recognized expert on real estate restructuring issues, Harold has testified before the Judiciary Committee of the United States House of Representatives. He has also been interviewed and quoted in numerous articles for The Wall Street Journal, The New York Times, USA Today and various trade publications.

 

Brandon Carr
Buchalter
San Francisco, CA

Brandon M. Carr focuses his practice on complex business and commercial litigation matters. His experience encompasses a wide variety of cases at both the trial and appellate levels, including contract, fraud and indemnification cases, shareholder disputes, business/real property valuation cases, matters involving general business torts, employment disputes and intellectual property rights. Mr. Carr has first- and second-chair trial experience, and has obtained favorable orders and significant judgments for clients.

Prior to joining the firm, he worked for Sony Pictures and completed a judicial externship with the Honorable Marla J. Miller, San Francisco County Superior Court.  Mr. Carr also spent time in Washington D.C. working on Capitol Hill for a United States Congressman.

Mr. Carr is a member of the Edward J. McFetridge American Inn of Court and the San Francisco Trial Lawyers Association. In 2021, he was recognized as a “Rising Star” by Super Lawyers Magazine. He was also named to Best Lawyer’s “Ones to Watch” list 2021-2024 for Commercial Litigation, Intellectual Property Law, and Real Estate -Litigation.

 

Kenton Johnson
Stapleton Group
Los Angeles, CA

Kenton Johnson’s 39-year career in business and banking has included responsibility at all levels including Chief Executive Officer, Division Manager, and Project Manager for problem commercial loans, real estate loans, and real estate projects.  Other individual assignments have included real estate portfolio due diligence for the buying and selling side, consumer and commercial real estate loan underwriting, and real estate asset disposition and liquidation.  Responsibility has also included servicing, marketing, and originating consumer and commercial real estate loans, commercial business loans, and consumer unsecured loans.

During the past 25 years Kenton Johnson has been appointed Receiver in Federal District Court regulatory actions and in State Court real estate and business asset recovery actions.  He has also been appointed Referee of commercial real estate partition actions.  When not appointed as Receiver, he has been a senior member of dozens of receivership teams operating in both federal and state courts for regulatory, real estate, and commercial litigation.  Specifics include all types of real estate including residential, multifamily, commercial, and industrial facilities.  Industries include residential and commercial development, manufacturing, contracting, health care, shopping centers, and wholesale distribution.

Mr. Johnson began his business career in the management-training program of Bank of America, and evolved to assignments as a commercial, consumer, and real estate loan supervisor, and problem loan administrator.  He later held positions as Chief Credit Officer, Banking Administrator, and President with independent banks.  Mr. Johnson has also held positions for non-banking companies as a specialist in loan and asset resolution, and real estate evaluation, due diligence, and real property disposition.  He majored in History and English at the University of San Diego and received an MBA from California State University.

Mr. Johnson is a former director and past Co-Chair of the California Receivers Forum.  He has participated as a speaker and panelist at Loyola Receivership Conferences in Los Angeles.  Mr. Johnson is a founding member and current director of the National Association of Federal Equity Receivers and participates chairing committees and as a speaker and panelist at annual conferences and regional events.

 

Alex Moglia
Moglia Advisors
Schaumburg, IL

Alex D. Moglia has been successful as an M&A advisor, chief restructuring officer, financial advisor, litigation expert witness, state and federal receiver, bankruptcy trustee, liquidating trustee, assignee for the benefit of creditors, and fraud recovery expert. 

Prior to founding Moglia Advisors, Alex held executive positions with Continental Illinois National Bank and CNW Corporation, the later a publicly traded company with finance, transportation and manufacturing operations.

Initially, he was an international attorney with Winston & Strawn, before leaving the practice of law in 1983.

Alex is Chair of the International Committee, and member of the Board of Directors, of the National Association of Federal Equity Receivers. He is a member of the panel of bankruptcy trustees in Chicago, and serves as bankruptcy
trustee throughout the United States. He is a member of INSOL International, and a former member of the Board of Directors of AeroCare, an international air transportation carrier of patients and transplant organs. He was a member of the Board of Directors of the American Bankruptcy Institute, and founded and chaired its Finance & Banking Committee. 

He has a Juris Doctor degree from the University of Chicago Law School and attended the University of Chicago Graduate School of Business. He has a Bachelor of Science of Foreign Service from Georgetown University, Washington, D.C. Alex was born in Argentina, lived in Brazil, and has worked on projects involving the Americas, Europe, Asia and Africa. He is fluent in Spanish, Portuguese, and French, and has working knowledge of Italian. Alex is an avid soccer fan.

 

Robert Mosier
Mosier & Company
Costa Mesa, CA

Robert P. Mosier is President and Chief Executive Officer of Mosier & Company. His specialty since 1974 has been turnarounds and dissolutions. Since 1985, he has applied these skills as a Court-appointed fiduciary in State and Federal Court and Federal Bankruptcy Court.

Total Court assignments exceed 600 cases in a variety of capacities ranging from President and CEO, Chief Responsible Officer, Receiver, Trustee, Examiner, Examiner with Expanded Powers, and Provisional Director. He has served as the Court’s own Referee, Special Master, and Expert Witness. Projects generally fit into two categories: (a) operating companies or (b) complex real estate projects.

The largest case to date is ongoing – a Federal Court, regulatory receivership for Private Equity Management Group or PEMG – a company alleged to have been running a $1 billion Ponzi scheme. The assets slated for recovery in the Receivership estate exceeded fifty and were located on three continents and included coal mines in China, oceanfront acreage in Costa Rica, timeshare interests
in Vancouver BC (plus Hawaii and Napa, Ca), oil and gas interests in Russia in addition to multiple real estate projects and loans to operating companies in the US. The most notable was a historic sixteen story, 140,000 square foot office building in the heart of San Francisco’s financial district. One of the more unique PEMG assets was a portfolio of life insurance policies worth an estimated $275 to $335 million over time. Long-term, recovery for the defrauded investors is expected to top 30%.

Mr. Mosier has also served as a court-approved President & CEO of two Chapter 11 Debtors: (1) United Education & Software – a one-time $100 million, publicly traded company specializing in proprietary education and (2) Premier Laser Systems, Inc., a one-time $200 million market cap company specializing in laser applications in a variety of medical fields. Please see the Case Update Section for a more complete description of these cases and the results.

In the category of State Court Receiverships (the majority of the Court assignments), Mr. Mosier has taken financial control of a variety of operating companies and real estate projects. These generally result from (a) lender defaults, (b) ownership disputes, or (c) judgments obtained by a third party litigant. For operating companies, assignments include turnarounds, dissolutions, and dispute resolutions. On the real estate side, he has disposed of several thousand acres of raw land in various stages of development and some real estate has been further developed in order to improve yields for harmed investors. Management, control and sale of commercial office buildings, warehouse space, strip shopping centers and multifamily housing projects round out this experience. Mr. Mosier has also overseen the build-out of shopping centers, condos, housing developments and luxury homes.

Other Court appointments include Interim Trustee in contested probate matters, provisional Director in corporate disputes where the board of directors is deadlocked, accounting referee to provide the Court and the parties with a neutral accounting, and as special master in cases that do not warrant the appointment of a Receiver.

Education includes post graduate work at Harvard Business School in corporate governance, insolvency, valuation and debt management. Mr. Mosier is an inaugural participant in Pepperdine Law School’s insolvency mediation program that was launched in the mid 1990s. Mr. Mosier earned\ a Masters Degree from the American Graduate School of International Management and an undergraduate degree in business from Arizona State University.

Mr. Mosier is a member of the National Association of Federal Equity Receivers the focus of which is
regulatory receiverships. These deal with companies involved in alleged illegal activities. Additionally, he is Co-Founder of the California Receivers Forum and currently serves as Publisher of Receivership News, a quarterly journal dedicated to improving standards in the receivership community. He is past President of its State Board and has served as the Co-Chair of Loyola I, III
and IV – multi day educational programs on the subject of Receiverships co-sponsored by the Receivers Forum and Loyola Law School. Mr. Mosier is a frequent lecturer on the subject of Receivership and insolvency; recent engagements include the Loyola series, the Turnaround Management Association, Bar Associations, the American College of Business Court Judges and
Chapman Law School. Mr. Mosier’s published articles include The History and Profile of a Financially Troubled Company and The Consensual Receivership: Improving the Odds for a Financially Successful Remedy.

 
 

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