About the Authors

• Jurisdiction: United States

About the Authors

Stephen V. Falanga is a founding partner of the Newark, N.J.-based law firm of Walsh Pizzi O'Reilly Falanga LLP and has more than 23 years of experience practicing in commercial law and insolvency. He heads the firm's Financial Services and Risk Management practice group and in that capacity serves as national bankruptcy counsel to a number of major corporations. Prior to starting private practice, Mr. Falanga clerked for Hon. William F. Tuohey in the U.S. Bankruptcy Court for the District of New Jersey. A frequent author and lecturer on all aspects of commercial law and bankruptcy, he received his B.A. in economics and political science from St. Peter's University, his J.D. from Boston College and his LL.M. in banking, corporate law and finance from Fordham University.

Annette W. Jarvis is a partner with Dorsey & Whitney LLP in Salt Lake City and a member of its Management Committee. She is also the partner-in-charge of the firm's Transactions Practice Groups. Ms. Jarvis represents banks, financial institutions and other secured lenders nationwide in protecting collateral and resolving the concerns of lenders in chapter 11 bankruptcy cases, out-of-court workouts, receiverships, complex restructurings, and other bankruptcy and insolvency matters. She facilitates successful corporate turnarounds and liquidations and represents corporate debtors, trustees, receivers, public bondholders, purchasers of distressed assets and indenture trustees. She is also experienced in remedying the problems created by fraudulent enterprises, including Ponzi schemes, and by mass torts. Ms. Jarvis has significant litigation experience for financial institutions and in insolvency-related matters. She is admitted to practice in the U.S. Supreme Court, the U.S. Courts of Appeals for the Fifth, Sixth, Ninth and Tenth Circuits, and in state and federal courts in Utah and Colorado. Her experience includes prevailing in several notable reported cases, including in the case of El Paso City of Texas v. America West Airlines Inc. in the Ninth Circuit in 2000, which created a circuit split on the interpretation of § 502(d) of the Bankruptcy Code that has since been followed by other circuits; the case of Nilson, et al. v. JP Morgan Chase Bank, N.A., Individually and as Administrative Agent, et al., decided in Utah in 2009, in which the court granted a preliminary injunction preserving tax refunds for the benefit of the bank group based on the interpretation of a subordination agreement between the banks and the borrowers' principals; and in the case of Naartjie Custom Kids Inc., in which the court approved a "structured dismissal" in a seminal case decided within the Tenth Circuit in 2015. Ms. Jarvis was recognized by the Turnaround Management Association with the 2007 Large Company Transaction of the Year Award and by M&A Advisor in its 2015 Awards, 2016 Turnaround Awards and 2016 International M&A Awards for her work with Jerritt Canyon Mine. She is a Fellow in the American College of Bankruptcy, is rated AV Preeminent® by Martindale-Hubbell, and is listed in The Best Lawyers in America for 2005-16, as a Salt Lake City Super Lawyer for 2007-15, in Mountain...