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Cross-Border Bankruptcy Issues
Nortel (involving two courts simultaneously trying allocation issues); Kelmsley (U.S./U.K. courts regarding anti-suit injunction); ABC Learning/Fairfield Sentry (circuit court cases involving chapter 15 recognition); troubled foreign banks’ use of chapter 15 (Anglo Irish, Banco Pontual S.A.); In re Barnet (Octaviar)
18th Annual Great Debates
Past Presidents’ Debate:
Michael P.
Richman Hunton & Williams LLP; New York
Deborah D. Williamson
Cox Smith Matthews Incorporated; San Antonio
Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process.
Judicial Debate:
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Frank J. Santoro
U.S. Bankruptcy Court (E.D. Va.); Norfolk
Resolved: A claim is not impaired for purposes of § 1129(a)(10) if the alteration of the rights in question arises solely from the debtor’s exercise of discretion, because § 1129(a)(10) recognizes impairment only to the extent that it is driven by economic need.
Consumer Debate:
John Rao
National Consumer Law Center; Boston
Brett Weiss
Chung & Press, PC; Greenbelt, Md.
Resolved: The Bankruptcy Rules and Forms should require that a national chapter 13 official plan form be used in all cases.
Financial Track: ABI/TMA Panel: The Financial Professional’s Role in Out-of-Court Restructurings and Dissolutions
In today’s marketplace, more and more thought is being given to pursuing state law remedies rather than commencing chapter 11 cases. This is especially true in the middle market. This panel will discuss the financial professional’s role and obligations in out-of-court restructuring solutions, including compositions, foreclosures, assignments for the benefit of creditors and asset sales.
Professional Development Track: Training the Senior Partner
A panel of younger lawyers/financial professionals will talk about the issues and challenges of working for senior lawyers and suggest ways to improve the working relationship between senior and junior lawyers.
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