Nonbankruptcy Restructuring Alternatives

Howard B. Brownstein
Howard B. Brownstein | The Brownstein Corp.

Howard Brownstein is a nationally-known turnaround and crisis management professional, and is the President of The Brownstein Corporation, which provides turnaround management and advisory services to companies and their stakeholders, as well as M&A services, fiduciary services, and litigation consulting, investigations and valuation services.

Live Video-Broadcast: April 18, 2025

1.5 hour CLE

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Program Summary

Companies in distress have access to filing a bankruptcy proceeding, but that can be expensive, time-consuming, and create serious reputational and other business problems for the company. Strategies such as Assignment for the Benefit of Creditors and Consensual Restructuring can provide potentially valuable alternatives to bankruptcy, but their effectiveness depends upon a company’s situation. Our panel of experts will discuss nonbankruptcy alternatives, how and when they can be useful, and how to plan for and pursue them.

Key topics to be discussed:

  • Strengths and weaknesses of bankruptcy as a restructuring solution
  • Assignment for Benefit of Creditors as a nonbankruptcy alternative
  • Consensual restructuring as a nonbankruptcy alternative

Date / Time: April 18, 2025

  • 2:00 pm – 3:40 pm Eastern
  • 1:00 pm – 2:40 pm Central
  • 12:00 pm – 1:40 pm Mountain
  • 11:00 am – 12:40 pm Pacific

Closed-captioning available

Speakers

Howard-B.-Brownstein_The-Brownstein-Corporation_myLawCLEHoward B. Brownstein, President | The Brownstein Corp.

Howard Brownstein is a nationally-known turnaround and crisis management professional, and is the President of The Brownstein Corporation, which provides turnaround management and advisory services to companies and their stakeholders, as well as M&A services, fiduciary services, and litigation consulting, investigations and valuation services. Previously he held partnership or senior executive roles in larger turnaround management firms, where, in addition to leading turnaround assignments for clients, advising senior management and fulfilling a senior management role, he had overall responsibility for transactional activities and the marketing of the firm’s services, and gained extensive experience in valuing businesses, obtaining financing, and selling businesses.

Howard Brownstein has served as Financial Advisor to Debtors and to lenders and Creditor Committees in bankruptcy proceedings, and as a litigation expert in several cases, including the landmark Merry-Go-Round bankruptcy. Mr. Brownstein served as Chief Re structuring Officer in U.S. Mortgage which involved a $138 million mortgage fraud, and as Plan Administrator in Montgomery Ward LLC, the largest retail liquidation in history.

Mr. Brownstein regularly serves as an independent corporate board member for publicly held and privately-owned companies, as well as large nonprofits. He has been named “Directorship Certified” and a “Board Leadership Fellow” by the National Association of Corporate Directors (NACD), served as Board Chair and President of its Philadelphia Chapter, and regularly served as a faculty member for its programs. He also served as Vice Chair of the ABA Corporate Governance Committee and co-chaired its programming and has been named a Fellow of the American Bar Foundation, which is limited to one percent of lawyers admitted to practice in any state. He has been a board chair, and also chaired board Audit, Risk, Nominating and Strategic Planning/Risk Assessment committees, and is a Qualified Financial Expert (QFE) for Sarbanes-Oxley purposes.

Howard Brownstein serves on the Board of Paragon Technologies (OTCMKTS: PGNT), a publicly-held holding company, and chairs its Audit Committee. He also serves as Board Chair of Community Council Health Systems, a large nonprofit provider of behavioral health and special education services. He served for over 13 years until its sale in 2023 on the Board of P&F Industries (NasdaqGM: PFIN), a publicly-held manufacturer/importer of air-powered tools, and chaired its Nom/Gov and Strategic Planning Risk Assessment Committees, He serves on the Board of Mera key, a large nonprofit provider of education and human services with more than 10,000 employees in several states.

He served as Board Chair/CEO of Universal Services Associates, a designer and manufacturer of museum exhibits. He also served on the Board of Renew Financial, a leading provider of innovative PACE financing for home improvement projects, where he chaired its Risk and Operating Committees, as well as on the Board of A.M. Castle & Co. (OTCQB: CASL), a multinational metals distribution and supply chain solutions company. He also served on the Board and chaired the Audit Committee of PICO Holdings (Nasdaq: PICO), a publicly-held diversified holding company with investments in water resources and storage operations, and real estate operations, and chaired the Audit Committee of LMG2, successor to Chicago Loop Parking, a $600Mil parking infrastructure entity in downtown Chicago, in which a lender group led by Société Générale succeeded to ownership following a restructuring. He also served as sole Board member of Betsey Johnson LLC, a privately-held designer and retailer of women’s apparel with equity sponsor Castanea Partners, and he previously served on the Board of Directors of Special Metals Corporation, a $1 billion nickel alloy producer, where he also chaired the Audit Committee. He also served on the Board and Audit Committee of Magna Trax Corporation, a $500 million manufacturer of metal buildings. He also served as the Board Chair of the National Philanthropic Trust, then the largest independent provider of donor advised funds. Mr. Brownstein previously served on the boards of a regional bank, a retail department store, and nonprofit Boards including Chair of a United Way agency.

Mr. Brownstein is a Certified Turnaround Professional (CTP). He served on the International Board of the Turnaround Management Association (TMA), its Executive Committee, and chaired its Audit Committee, and received TMA’s “Outstanding Individual Contribution”. He served on the Board of the American Bankruptcy Institute (ABI), co-chaired its Complex Financial Restructuring Program and its Mid Atlantic Bankruptcy Workshop, and is a Coordinating Editor of ABI Journal. He served on the Governing Board of Secured Finance Network Association (formerly CFA) Education Foundation. Mr. Brownstein is a frequent speaker at professional and educational programs, including at Harvard Business School, Wharton, NYU, Villanova Law School, ABI, ABA, the Association for Corporate Growth (ACG) and TMA. He has published over 130 articles, textbook chapters and e-books, including ABI’s Problems in the Code, has served on the Editorial Board of The Journal of Corporate Renewal, and chairs the Editorial Advisory Board of abfJournal.

Howard Brownstein is a graduate of Harvard Law and Business Schools, and of the University of Pennsylvania, where he obtained B.S. and B.A. degrees from Wharton School and the College of Arts and Sciences. Mr. Brownstein is admitted to the bars of Pennsylvania, Massachusetts and Florida, but does not actively practice law. He also served in the U.S. Air Force Reserve, attaining the rank of First Lieutenant in the Medical Service Corps. He is reasonably fluent in Spanish and also speaks some French and Japanese.

Agenda

I. Strengths and weaknesses of bankruptcy as a restructuring solution | 2:00pm – 2:30pm

II. Assignment for Benefit of Creditors as a nonbankruptcy alternative | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Consensual restructuring as a nonbankruptcy alternative | 3:10pm – 3:40pm

  • The role of nonlawyer professionals

Credits

Alaska

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
1.5 General

Arkansas

Approved for CLE Credits
1.5 General

Arizona

Approved for CLE Credits
1.5 General

California

Approved for CLE Credits
1.5 General

Colorado

Pending CLE Approval
1.5 General

Connecticut

Approved for CLE Credits
1.5 General

District of Columbia

No MCLE Required
1.5 CLE Hours

Delaware

Pending CLE Approval
1.5 General

Florida

Approved via Attorney Submission
2 General

Receive CLE credit in Florida via attorney submission.
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1.5 General

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1.8 General

Iowa

Pending CLE Approval
1.5 General

Idaho

Pending CLE Approval
1.5 General

Illinois

Approved for CLE Credits
1.5 General

Indiana

Approved for CLE Credits
1.5 General

Kansas

Pending CLE Approval
1.5 Substantive

Kentucky

Pending CLE Approval
1.5 General

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1.5 General

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1.5 CLE Hours

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No MCLE Required
1.5 CLE Hours

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1.5 General

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1.5 CLE Hours

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Approved for Self-Study Credits
1.5 General

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Approved for CLE Credits
1.8 General

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Pending CLE Approval
1.5 General

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Pending CLE Approval
1.5 General

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Pending CLE Approval
1.5 General

North Dakota

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
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1.5 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
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90 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
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Approved for CLE Credits
1.8 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1.5 General

Nevada

Approved for CLE Credits
1.5 General

New York

Approved for CLE Credits
1.8 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1.5 General

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Pending CLE Approval
2 General

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1.5 General

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Approved for CLE Credits
1.5 General

Rhode Island

Pending CLE Approval
2 General

South Carolina

Pending CLE Approval
1.5 General

South Dakota

No MCLE Required
1.5 CLE Hours

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1.5 General

Texas

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1.5 General

Utah

Pending CLE Approval
1.5 General

Virginia

Not Eligible
1.5 General Hours

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1.5 General

Washington

Approved via Attorney Submission
1.5 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

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1.5 General

West Virginia

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1.8 General

Wyoming

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1.5 General

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