Let’s Be Careful Out There Protecting The Receiver From Liability Claims (Miami Regional Meeting)
About Our Speakers
Ira Bodenstein
Cozen O' Connor
Ira has a keen understanding of the trustee process and how to efficiently achieve the optimum resolution for the involved parties. He counsels bankruptcy clients on the necessity and timing of filing reorganization cases, and the rights of unsecured and secured creditors prior to and subsequent to bankruptcy filing. Ira is experienced in all facets of Chapter 11 reorganization cases, including preparing and confirming plans of reorganization in debtor cases, representing creditors’ committees, opposing debtors' plans on behalf of creditors, and representing creditors and debtors in preference and fraudulent conveyance litigation. He also counsels lenders on their rights as secured creditors. Ira is a member of the private panel of Chapter 7 bankruptcy trustees and also represents other panel trustees. Ira has also served as a federal equity receiver in SEC and DOL actions and has represented federal equity receivers in SEC and CFTC actions.
Appointed by U.S. Attorney General Janet Reno, Ira served as the U.S. Trustee for Region 11, which includes the Northern District of Illinois and the state of Wisconsin, from May 1998 through January 2006. In that capacity, he served as head of the Justice Department's component with primary oversight responsibility for all bankruptcy cases filed in Region 11.
Ira is a founding member and past president of the National Association of Federal Equity Receivers.
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Greg Hays
Hays Financial Consulting, LLC
Mr. Hays is a court appointed fiduciary and forensic accountant that specializes in recovering funds from insolvent companies and investment offerings. He is routinely appointed by federal and state courts as a receiver or bankruptcy trustee to manage businesses to maximize recovery for creditors. He has served as a panel trustee in Georgia for over twenty years, and has been appointed as a court appointed fiduciary in seven states.
Mr. Hays has forty years of financial experience including thirty years managing insolvency cases and investigating fraud. He manages a firm of corporate financial consultants that specializes in turnarounds, workouts, asset recovery, forensic accounting, litigation support, and interim management. He is a Certified Turnaround Professional (“CTP”) and a Certified Insolvency and Restructuring Advisor (“CIRA”) and serves on the Board of Directors for the Association of Insolvency & Restructuring Advisors. He is on the board and a Past President of the National Association of Federal Equity Receivers (“NAFER”).
Mr. Hays is a recognized expert in Ponzi schemes and receiverships and has been quoted in many articles in national publications. The TV show American Greed featured a story a Ponzi scheme where he served as receiver. Other cases have been the subject of TV broadcasts including CNN's Anderson Cooper, CBS Evening News, and many local news programs.
He has spoken on bankruptcy, receiver and fraud issues at conferences sponsored by the ABI, ACFE, AIRA, IAAR, INSOL, NABT, NACM, NAFER, NCBJ, TMA and other professional organizations.
Alise Johnson
SEC
Alise Johnson currently works as Senior Trial Counsel in the Miami Regional office of the U.S. Securities Exchange Commission, having previously worked at two national law firms doing commercial litigation and FINRA arbitrations. Prior to that, Alise worked at UBS Financial Services as Associate General Counsel and as a law clerk to former Chief U.S. Magistrate Judge William Turnoff. She received her undergraduate degree from Vanderbilt University and a JD from the University of Florida. Alise is Co-Chair of the Board of SWIFS, a non-profit dedicated to helping women advance professionally in the financial services industry. She also serves on the Board of the SEED Miami School, a public boarding college preparatory school that serves underserved students. Her awards include the SEC’s Chair Award for Investor Protection, SEC’s Director Award, SWIFS Member of the Year, Junior League of Miami’s Leadership Award, and the U.S. Presidential Points of Light Volunteer Service Award.
Henry Sewell, Jr.
Law Offices of Henry F. Sewell Jr. LLC
Henry Sewell focuses his practice in the areas of bankruptcy and restructuring while also maintaining a general commercial litigation practice.
With respect to bankruptcy and restructuring, Mr. Sewell has extensive experience representing debtors, creditors, creditors’ committees, trustees and examiners in complex Chapter 11 Bankruptcy Cases and in pre-bankruptcy workouts. Mr. Sewell has also represented financial institutions and secured creditors in state court enforcement actions, including actions to appoint receivers for commercial real estate and foreclosure actions. Mr. Sewell also regularly represents court appointed fiduciaries in SEC and CFTC enforcement actions.
In addition to his bankruptcy practice, Mr. Sewell has extensive experience handling commercial litigation matters, including trials, arbitrations and appeals in a wide variety of complex matters. Most recently, Mr. Sewell has handled complex and difficult disputes regarding real estate, breach of contract, business torts, and corporate governance.
Mr. Sewell has particular experience litigating disputes regarding governance and control of limited liability companies; disputes regarding title and claims to real estate; and extraordinary remedies including temporary restraining orders, preliminary and permanent injunctions and declaratory relief.
Mr. Sewell has been recognized by Chambers USA as one of Georgia’s leading lawyers for bankruptcy and restructuring and has been named a Georgia Super Lawyer since 2010 by Atlanta Magazine.