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Ethics Panel
What are bankruptcy crimes, what are the duties of the various parties in a case to
investigate and report them, and what are the protections for those who do?
The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception;
recent cases suggest that a “fraud” that may trigger the crime/fraud exception to
attorney/client privilege and that the work-product doctrine may not be limited to crimes
and serious frauds, but rather may include transactions exhibiting only some “badges of
fraud,” such as fraudulent transfers (Fragin, Husky International).
What’s Wrong with Chapter 11?
This panel will visit controlling the time and expense of bankruptcy litigation; how
bankruptcy’s Code, Rules and process affect the relationship between the parties’
incentives and duties to their constituencies; the continuing viability of unsecured
creditors’ committees; claims trading and the increased role of hedge funds in chapter 11
cases; and other topics covered in the Final Report of the ABI Commission to Study
the Reform of Chapter 11.
Current Issues in the Energy Sector
This panel will discuss current trends in energy, from gas production to the coal market
to alternative forms. What will the industry look like 10 years from now? Do we need
coal? Updates of current markets, as well as recent bankruptcy cases and issues, will
be addressed, including the rejection of gathering agreements and the upward trend
in requests for equity committees in commodity cases (Breitburn, Penn Virginia,
Energy XXI, Horsehead, SandRidge, C&J, Peabody).
Equitable Mootness
This session will focus on the current state of the doctrine and recent criticisms,
especially from the Third Circuit (Philadelphia Newspapers, SemCrude, One2One
Communications), and its applications (City of Detroit (invoking the doctrine to reject
the attempted restoration of pension benefits in the city’s bankruptcy)).
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