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Litigation In the Bankruptcy World – Selected Hot Issues
While case flings are down, the disputes that rage on in the cases have continued on. The panel will address three (3) selected litigation issues impacting the process: (a) Discovery Matters In Bankruptcy Cases – “Get to the point, get there quickly, get there cost effectively, and get the facts and documents organized”; (b) Expert Witness Matters – “If they know more than you, they must be an expert – right?” Bankruptcy Judges are becoming more discriminating (and more selective) in who and what is a proper expert and the purview of expert testimony. The panel will discuss and explore the Daubert criteria for experts, and discuss practical and strategic issues related to the effective use of expert testimony in bankruptcy litigation; and (c) Examiner Reports In Bankruptcy Litigation – we paid a lot of money and used up a lot of time on this report – now what? The legal and strategic issues related to examiner reports in bankruptcy cases.
Casino and Gaming Issues in Chapter 11 Cases
This panel will discuss the first-day orders necessary to keep a casino open (including regulatory interplay), including motions related to chips, loyalty programs and progressive play. Featured will be a discussion of the issues related to valuation and the extent of security interests, including cash as proceeds of gaming collateral and perfection of bankroll, along with issues related to plan confirmation and § 363 sales, including regulatory limitations and protection of customer lists.
Cutting-Edge Issues in Retention and Fee Applications
This panel will address disclosure issues relating to disinterestedness, compensation and reimbursement requirements, compensation of fees incurred defending fee applications, and flat-fee arrangements between chapter 7 debtors and counsel, and other issues.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls).
Pro: Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Or.); Portland
Con: Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Business Debate
Resolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium
Pro: Lori Sinanyan
Jones Day; Los Angeles
Con: Michael H. Strub, Jr.
Irell & Manella LLP; Newport Beach, Calif.
Consumer Debate
Resolved: Attorneys should be permitted to unbundle services under an engagement agreement with a consumer debtor.
Pro: Samuel A. Schwartz
The Schwartz Law Firm, Inc.; Las Vegas
Con: John R. Bollinger
Boleman Law Firm, P.C.; Hampton, Va.
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