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Kenneth
N. Klee
Supplemtal biographical information
(310) 407-4080
(310) 407-9090 fax
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Consulting Activities
Amicus Curiae in Tennessee Student Acceptance
Corp. v. Hood, United States Supreme Court, 2003-2004.
Counsel to the Regents of the University of California, as plaintiff,
in the Enron and WorldCom chapter 11 cases, 2003-2004.
Emergency Motion for Order Appointing Official Noteholders' Committee,
In re PG&E National Energy Group, Inc., U.S.B.C., Dist. Md.
Case, July 30, 2003
Testified on behalf of National Bankruptcy Conference on H.R. 833
before the Committee on the Judiciary of the United States House
of Representatives, March 17, 1999. See http://www.house.gov/judiciary/106-klee.htm
Testified as an expert in depositions and at trial in administrative
and judicial proceedings.
Motion to Approve Cross-Border Insolvency Protocol, In re Solv-Ex
Corporation, U.S.B.C., Dist. N.M. Case, December 29, 1997
Argued an appeal for private clients to the United States Court
of Appeals for the Eleventh Circuit 1998 and to the New York Court
of Appeals 1999
Provided consulting legal services within University Regulations
to private clients of Counsel to Stutman, Treister & Glatt P.C.
until June 6, 1999; and as a member of Klee, Tuchin Bogdanoff &
Stern LLP from June 7, 1999 - present
Service on Editorial Boards
Peer Reviewer, "The American Bankruptcy Law
Journal," 2002-present
Contributing Advisory Board, "Distressed Business & Real
Estate Newsletter," 1987- present
Consulting Editor, "Norton Bankruptcy Law and Practice,"
1998-99
Board of Editors, Harvard Journal on Legislation, 1973-74
Service to Educational and Governmental Agencies
Author, Joint Position Paper on S. 255 to the
U.S. House of Representatives and U.S. Senate, on behalf of the
National Bankruptcy Conference, February 24, 1999
Author, "Alternative Single Asset Real Estate Proposals,"
National Bankruptcy Review Commission Report, 1997
Teacher, Attorney General's Advocacy Institute, early 1980's
Teacher, Federal Judicial Center, 1988, 1994
Invited Lectures, Papers at Meetings and Similar
Activities
Professor Klee has participated in over 100 invited
lectures since 1975.
"Public Regulation and The Bankruptcy Code," New York
University Advanced Workshop on Bankruptcy and Business Reorganization,
(presented August 1991)
"Creditors' Committees Under Chapter 11 of the Bankruptcy Code,"
New York University Advanced Workshop on Bankruptcy and Business
Reorganization, (presented August 1992)
"Confirming the Chapter 11 Plan," UCLA School of Law First
Annual Business Bankruptcy Institute, (presented April 1993)
"Privileges in Bankruptcy," New York University Advanced
Workshop on Bankruptcy and Business Reorganization, (presented August
1993). Program Materials
"The Concept of 'Impairment' in Business Reorganization,"
New York University Advanced Workshop on Bankruptcy and Business
Reorganization, (presented August 1994)
"Defining Success in Business Bankruptcies," American
Bankruptcy Institute (presented May 1995). ABI National Symposia
Series (1995)
"What the Bankruptcy Courts Have Done with the Bankruptcy Amendments
of 1994," 22nd Annual Seminar of the Southeastern Bankruptcy
Law Institute, Inc., (presented March 1996); 7th Biennial Midwest/Midsouth
Bankruptcy Institute, (presented December 1995)
"Bankruptcy Jurisdiction Cases in the Courts of Appeals,"
New York University Advanced Workshop on Bankruptcy and Business
Reorganization, (presented August 1996)
"Restructuring Individual Debts," Seventieth Annual National
Conference of Bankruptcy Judges, (presented October 1996)
"Bankruptcy Reform Past, Present and Future," Seventy-First
Annual National Conference of Bankruptcy Judges (presented October
1997)
"Sovereign Immunity in Bankruptcy after Seminole Decision,"
Ninth Class educational program for the American College of Bankruptcy,
(chaired panel March 1998)
"Fundamentals of Bankruptcy Law," Annual ALI-ABA Course
of Study, June 4-6, 1998; "Business Reorganization," (with
Messrs. Batson) (presented June 6, 1998)
Planning Chair, "Chapter 11: Business Reorganizations,"
Advanced ALI-ABA Course of Study, July 23-25, 1998
New York University Workshop on Bankruptcy and Business Reorganization
XXIV, New York University School of Law, (August 25-27, 1998)
Utah Bankruptcy Lawyers' Forum, Utah State Bar Law & Justice
Center, (presented September 8, 1998)
"Hot Topics: The Government and Bankruptcy," 13th Annual
Education Program presented by the Commercial Law League of America,
(presented October 1998)
"Legislative Update," 72d National Conference of Bankruptcy
Judges, (presented October 1998)
Presented lecture, "Proposed new bankruptcy litigation rules,"
California State Bar, Debtor-Creditor Committee (presented January
21, 1999)
Presented lecture, "Negotiation in Bankruptcy Cases,"
United States Trustees, Southern California Office (presented January
22, 1999)
Attended Washington D.C. hearing on Proposed new bankruptcy litigation
rules as Chair of the Litigation Subcommittee, Advisory Committee
on Bankruptcy Rules, Judicial Conference of the United States (presented
January 29, 1999)
Panelist, "Negotiating the Chapter 11 Deal: Revisiting the
Holdout Problem," Financial Lawyers Conference (presented March
4, 1999)
"Chapter 11 Feasibility Analysis and Meaningful Fee Review,"
United States Trustees, Los Angeles Regional Office (presented March
25, 1999)
Chaired a session, "The Crystal Ball," the American Bankruptcy
Institute American/Canadian International Insolvency Law Symposium,
Washington D.C. (presented April 15, 1999)
"Who's Right in 203 N. LaSalle?" presented at the Annual
Spring Meeting American Bankruptcy Institute, Washington D.C. (presented
April 16, 1999)
"Chapter 11: Business Reorganizations," presented at the
Annual ALI-ABA Course of Study, (presented June 17-19, 1999)
"Personal Property Financing and Leasing Under Chapter 11,"
New York University Workshop on Bankruptcy and Business Reorganization
XXV, New York University School of Law, (with Lisa-Jane Hooper)
(presented August 31, 1999)
"Hot Topics in Chapter 11," Commercial Law League of America
(presented October 7, 1999)
"Matters of Privilege," The Los Angeles Bankruptcy Forum
(panelist, debated issues on privilege in Bankruptcy, November 1,
1999)
Participated on panel with two bankruptcy judges discussing Rules
changes, "Amendments to the Federal Rules of Bankruptcy Procedure
Effective December 1, 1999 and Effect on Local Rules," The
Los Angeles Chapter of the Federal Bar Association (presented November
10, 1999)
"Sovereign Immunity" and "Legislative Update"
(with Lawrence P. King), 9th Biennial Judge Joe Lee Bankruptcy Institute,
University of Kentucky College of Law, Lexington, Kentucky, (presented
December 10-11, 1999)
"Chapter 11: Business Reorganizations," presented at the
Annual ALI-ABA Course of Study, (presented February 24-26, 2000)
"Hot Topics in Bankruptcy Law: Views From the Bench 2000,"
Georgetown University Law Center (presented September 15, 2000)
"Intellectual property and bankruptcy law, Harvard Law School,"
(presented March 8, 2001)
Participated on panel with professor, attorney, and former judge
discussing Bankruptcy Rule 2014, "Rule 2014 Seminar,"
PriceWaterhouse Coopers 11th Annual Business Recovery Symposium,
Aspen, Colorado, (presented March 24, 2001)
"The Bankruptcy Reform Act of 2001 - Looming Business Bankruptcy
Amendments" (with Daniel Bussel and Michelle Campbell), Financial
Lawyers Conference, Los Angeles, California (presented April 11,
2001)
Planning Chair, "Chapter 11: Business Reorganizations,"
Advanced ALI-ABA Course of Study, July 26-28, 2001; "Recent
Developments and Pending Legislation" (with Judge Smith) (presented
July 26, 2001). "Dealing with the Government: Sovereign Immunity,
11th Amendment Immunity, and Bureaucratic Impunity" (presented
July 26, 2001). "Intellectual Property and Dot-Com Bankruptcy
Issues" (presented July 27, 2001)
Participated on panel with two lawyers on "Healthcare Bankruptcy,"
New York University School of Law Workshop on Bankruptcy and Business
Reorganization XXVII (presented August 28, 2001)
"Consensual Plan Confirmation: Boilerplate Plan Provisions"
(with Deborah J. Saltzman), New York University School of Law Workshop
on Bankruptcy and Business Reorganization XXVII (presented August
29, 2001)
Participated on Panel with John Gose, "Everything That is New
in Real Estate Bankruptcy Practice," 75th National Conference
of Bankruptcy Judges, Orlando, Florida (presented October 20, 2001)
"Intellectual Property and Dot-Com Bankruptcy Issues,"
North Carolina Bar Association (presented November 16, 2001)
"Small Business Provisions of Bankruptcy Reform Legislation,"
10th Biennial Judge Joe Lee Bankruptcy Institute, University of
Kentucky College of Law, Lexington, Kentucky (presented December
7, 2001)
Participated on Panel with Bankruptcy Judge Joe Lee and Prof. Jeffrey
Morris "Practice Under the Bankruptcy Reform Act," 10th
Biennial Judge Joe Lee Bankruptcy Institute, University of Kentucky
College of Law, Lexington, Kentucky (presented December 8, 2001)
Participated on Panel with Pat Murphy, Esq. "Hot Topics in
Business Bankruptcy," 35th Annual Uniform Commercial Code Institute,
San Francisco, California (presented March 15, 2002)
Planning Chair, "Chapter 11: Business Reorganizations,"
Advanced ALI-ABA Course of Study, June 27-29, 2002; "Recent
Developments and Pending Legislation" (with Judge Hillman)
(presented June 27, 2002). "Dealing with the Government: Sovereign
Immunity, 11th Amendment Immunity, and Bureaucratic Impunity"
(presented June 27, 2002). "Fiduciary Obligations of Boards
of Financially Troubled Companies" (with Judge Houser and Marcia
Goldstein) (presented June 27, 2002). "Intellectual Property
and Dot-Com Bankruptcy Issues" (presented June 28, 2002).
Participated on Panel with Amelia Boss, G. Marcus Cole, Richardo
Kilpatrick, Shalom Kohn, NellwynVoorhies, "Security Interests
in Intellectual Property: Nextwave, Catapult, and Beyond,"
American Bar Association Subcommittee on Secured Credit and Data
Collection, Chicago, Illinois (presented October 4, 2002)
Participated on Panel with Stephen Case, "I Thought I Put That
Where You Couldn't Reach It: Bankruptcy Remote Entities, Special
Purpose Vehicles and Other Securitization Issues" 76th National
Conference of Bankruptcy Judges, Chicago, Illinois (presented October
4, 2002)
"Fiat Lux Seminars," UCLA Foundation, Indian Wells, California
(presented November 1, 2002)
"Recent Developments in Bankruptcy Law," UCLA Law Faculty
Luncheon (presented November 18, 2002)
"The 1978 Bankruptcy Code: Drafters' True Confessions,"
American College of Bankruptcy (presented November 21, 2002)
Participated on Panel with Jan Chubb, "Bad Lawyers," Annual
Meeting of Chief Bankruptcy Judges of the Ninth Circuit," Yountville,
California (presented December 16, 2002)
Participated on Panel with Pat Murphy, Esq. and Bankruptcy Judge
Randy Newsome "Hot Topics in Business Bankruptcy," 36th
Annual Uniform Commercial Code Institute, San Francisco, California
(presented March 14, 2003)
Participated on Panel with Shawn M. Christianson and Paul H. Schmitt,
"Aerocom's Impact," Commercial Financial Services Committee
of the American Bar Association's Section of Business Law, 2003
Spring Meeting (presented April 3, 2003)
Planning Chair, "Chapter 11: Business Reorganizations,"
Advanced ALI-ABA Course of Study, May 1-3, 2003; "Recent Developments
and Pending Legislation" (with Patrick Vance) (presented May
1, 2003). "Fiduciary Obligations of Boards of Financially Troubled
Companies" (with Marcia Goldstein) (presented May 1, 2003).
"Intellectual Property and Dot-Com Bankruptcy Issues"
(presented May 2, 2003).
"The 1978 Bankruptcy Code is a Success" participated in
debate (with Prof. Ralph Brubaker) at the American Bankruptcy Institute's
U.S. Bankruptcy Law at an Economic Crossroads Symposium, Washington
D.C. (presented October 11, 2003) (transcript in 12 American Bankr.
Inst. L.J. 273-297 (2004))
"Recharacterization in Bankruptcy," educational program
for the American College of Bankruptcy on panel with Prof. Alan
Resnick and Ed Smith, San Diego, California (presented October 15,
2003)
Participated on Panel with Leianne Crittenden and Harry Glazer,
"Intellectual Property Law in Bankruptcy: Dante's Inferno?"
77th National Conference of Bankruptcy Judges, San Diego, California
(presented October 17, 2003)
"Intellectual Property and Bankruptcy," luncheon speech
for Southeastern Bankruptcy Law Institute Board of Directors and
Bankruptcy Judges from the Northern and Southern Districts of Georgia,
Atlanta, Georgia (presented October 29, 2003)
"Understanding the Enron Era: Lessons Learned" educational
program at USC Law School (presented March 24, 2004)
"Career Symposia" Johns Hopkins University Center for
Talented Youth, Occidental College, California (presented May 8,
2004)
Planning Chair, "Chapter 11: Business Reorganizations,"
Advanced ALI-ABA Course of Study, June 10-12, 2004; "Recent
Developments and Pending Legislation" (with Harold Novikoff)
(presented June 10, 2004). "Recharacterization in Bankruptcy"
(presented June 10, 2004). "Intellectual Property and Bankruptcy
Issues" (presented June 11, 2004). "Solicitation, Lock-Up
Agreements, and Disclosure Statement Issues" (presented June
11, 2004)
Participated on Panel with Stephan M. Ray, "U.S. Supreme Court
Cases Till and Hood: Their Probable Impact on Trustee Practices,"
2004 National Association of Bankruptcy Trustees Convention, Coronado,
California (presented September 10, 2004)
Media Appearances
KPFK Radio, "Consumer Bankruptcy," November
1, 1999
NBC Television Nightly News, "Salaries of Law Graduates,"
February 4, 2000
WAMU Radio, The Diane Rehm Show, "Bankruptcy Law Reform,"
June 1, 2000
KPFK Radio, "Up for Air," hosted by Mark Haefly, December
27, 2000
KCRW Radio, "To the Point," hosted by Warren Olney, January
4, 2001
KCET Television, "California's Utility Crisis," January
4, 2001
ABC Television News, "World News Now," January 5, 2001
Bloomberg Television, "Moneywise," January 19, 2001
KPFK Radio, The John Beaupre show, "Bankruptcy Reform Legislation,"
March 6, 2001
CNBC Television Afternoon News, hosted by Rob Reynolds "Bankruptcy
Law Reform," March 15, 2001
WBAI Radio, The Doug Henwood Show, "Bankruptcy Law Reform,"
March 22, 2001
CBS Television Evening News, "PG&E Bankruptcy," April
8, 2001
ABC Television Evening News, "PG&E Bankruptcy," April
8, 2001
KHJ Radio, The Bill Handel show, "PG&E Bankruptcy,"
April 9, 2001
U.S. News On Air, "Arthur Andersen," March 16, 2002
Awards and Honors
Distinguished Service Award, Bankruptcy Developments
Journal of Emory Law School, March 23, 2000
Named by Turnarounds & Workouts as one of the top ten "Outstanding
Bankruptcy Academics 2000"
Fredric P. Sutherland Public Interest Award, UCLA School of Law,
1999-00
Named by Turnarounds & Workouts as one of the top ten "Outstanding
Bankruptcy Academics 2001"
Named by Turnarounds & Workouts as one of the top ten "Outstanding
Bankruptcy Academics 2002"
Named by Turnarounds & Workouts as one of the top ten "Outstanding
Bankruptcy Academics 2003"
Included in "The Best Lawyers in America," 2003-04 edition
and over 10 previous editions.
Named by the Daily Journal in 2003 as one of California's Top 100
Lawyers.
Named by Law & Politics Media, Inc. as a Southern California
Super Lawyer for 2004.
Named by Los Angeles Magazine as a Los Angeles County Top 10 Super
Lawyer for 2004.
Named by California Lawyer Magazine as one of California's "Best
in West" for 2004 (one of 46 leading business lawyers and one
of three bankruptcy lawyers).
Named by the Daily Journal in 2004 as one of California's Top 100
Lawyers.
Named by Law & Politics Media, Inc. as a Southern California
Super Lawyer for 2005.
Editor
"Norton Bankruptcy Law and Practice,"
(2d ed. consulting editor), Deerfield, IL: Clark Boardman Callaghan
(since 1993)
"Collier on Bankruptcy," (15th ed. contributing editor
1979, consulting editor 1980-1996)
Books
(with Treister, Trost, Forman, Levin)
"Fundamentals of Bankruptcy Law," (ALI-ABA 4th ed. 1996;
Supplement, 1998)
"Fundamentals of Bankruptcy Law," (ALI-ABA 3d ed. 1993)
"Fundamentals of Bankruptcy Law," (ALI-ABA 2d ed. 1988)
"Fundamentals of Bankruptcy Law," (ALI-ABA 1986)
American Casebook Series (with Scarberry, Newton, Nickels)
Teacher's Manual to accompany "Business Reorganization in Bankruptcy"
(1997)
"Business Reorganization in Bankruptcy: Cases and Materials,"(with
Mark Scarberry, et al.). (Prior edition: West Publishing Co., 1996).
(St. Paul: West Group, 2001)
Treatise Chapters
"The Bankruptcy Aspects of Franchising,"
in Franchising vol. 13A (by Glickman, City: publisher), (1986 and
updated periodically)
"Collier on Bankruptcy," (author of various segments 1979-85)
Law Review Articles
"Teaching Transactional Law," 27 Calif.
Bankr. J. 295-311 (2004).
"Asset-Backed Securitization, Special Purpose Vehicles and
Other Securitization Issues," (with
Brendt C. Butler), 35 U.C.C. Law Journal 23-67 (September 2002)
"One Size Fits Some: Single Asset Real Estate Bankruptcy Cases,"
87 Cornell L. Rev. 1285-1332 (September 2002). Published in 4 Legal
Scholarship Network: UCLA School of Law Research Paper Series (Mar.
20, 2002), available at http://www.ssrn.com
"Tithing and Bankruptcy," 75 American Bankruptcy Law Journal
157-96 (Spring 2001). Reprinted in 3 Legal Scholarship Network:
UCLA School of Law Research Paper Series (Sep. 12, 2001), available
at http://www.ssrn.com
"Sovereign Piracy," (with Gaurang M. Gulati), 56 The Business
Lawyer 635-51 (February 2001). Reprinted in 3 Legal Scholarship
Network: UCLA School of Law Research Paper Series (Sep. 12, 2001),
available at http://www.ssrn.com
"State Defiance of Bankruptcy Law," (with James O. Johnson
& Eric Winston), 52 Vanderbilt Law Review 1527-1606 (November
1999)
"Restructuring Individual Debts," 71 American Bankruptcy
Law Journal 431-51 (1997)
"Barbarians at the Trough: Riposte in Defense of the Warren
Carve-Out Proposal," 82 Cornell Law Review 1466-82 (1997)
"The Future of the Bankruptcy Rules," 70 American Bankruptcy
Law Journal 277-86 (1996)
"Adjusting Chapter 11: Fine Tuning the Plan Process,"
69 American Bankruptcy Law Journal 551-72 (1995)
"Creditors' Committees Under Chapter 11 of the Bankruptcy Code,"
(with K. John Shaffer), 44 South Carolina Law Review 995-1066 (1993)
(symposium issue)
"Cram Down II," 64 American Bankruptcy Law Journal 229-44
(1990)
"Timbers, Ahlers, and Beyond," Annual Survey of Bankruptcy
Law 1-27 (1989) (Part I) (symposium issue)
"Ignoring Congressional Intent: Eight Years of Judicial Legislation,"
(with Merola) 62 American Bankruptcy Law Journal 1-36 (1988)
"Caveat Creditor: The Consumer Debtor Under the Bankruptcy
Code," (with Marc S. Cohen) 58 North Carolina Law Review 681-721
(1980)
"Legislative History of the New Bankruptcy Law," 28 De
Paul Law Review 941-60 (1979); Annual Survey of Bankruptcy Law 21
(1979); 54 American Bankruptcy Law Journal 275-97 (1980)
"The Impact of the New Bankruptcy Code on the 'Bankruptcy Out'
in Legal Opinions," (with Robert Harter) 48 Fordham Law Review
277-90 (1979)
"Secured Creditors Under the New Bankruptcy Code," (with
Ronald S. Orr) 11 Uniform Commercial Code Law Journal 312 (1979)
"All You Ever Wanted to Know About Cram Down Under the New
Bankruptcy Code," 53 American Bankruptcy Law Journal 133-71
(1979)
Other
Author, "Bankruptcy and Commercial Law: Creation
of the Chapter 11 Reorganization Option" 25 Los Angeles Lawyer
24-26 (March 2002)
Author, "The Effect of Bankruptcy on Intellectual Property
Rights," (with Isaac Pachulski, David Fidler, and Eric Winston),
1998 (updated 2000, 2001, 2002 & 2003)
Author, "Recent Developments in Valuation and Cramdown,"(with
Efrat Zisblatt), 2000
Author, "What the Business Lawyer Needs to Know About the Pending
Bankruptcy Reform Act of 2000," (with Michael Tuchin) Financial
Lawyers Conference, April 6, 2000
Author, "Sovereign Immunity and Legislative Update," (with
Lawrence King) University of Kentucky College of Law, 9th Biennial
Judge Joe Lee Bankruptcy Institute, 1999
Author, Joint Position Paper on S. 255 to the U.S. House of Representatives
and U.S. Senate, on behalf of the National Bankruptcy Conference,
February 24, 1999
Author, "The Commission Report: Fast Track, Chopped Salad or
Dead on Arrival," (with Jill Sturtevant and George Webster,
II) Los Angeles County Bar Association, Continuing Legal Education,
Commercial Law & Bankruptcy Section, January 29, 1998
Author, "Alternative Single Asset Real Estate Proposals,"
National Bankruptcy Review Commission Report,1997
Book review, 23 California Bankruptcy Journal 325-9 (1997). Reviewing
"Buying and Selling Real Estate in Bankruptcy" by John
Collen
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