2015 Southwest Bankruptcy Conference

This session will be a fast-paced tour of advanced topics on a broad range of bankruptcy issues. While many U.S. Supreme Court decisions seek to address circuit splits and resolve issues of differing interpretation, the decisions often create additional diversity in interpretation and practice. This panel will address the last decade of Supreme Court decisions and their aftermath, and will take a look at pending and potential cases that may soon be decided.

Proper representation requires that the lawyer consider from the onset of the relationship a variety of practical and ethical concerns. This panel discussion will focus on such issues as whether bankruptcy is the best alternative and which form of bankruptcy is the appropriate one, as well as certain pre-bankruptcy considerations and ensuring that the representation does not run awry of certain ethical considerations and canons.

This panel will discuss typical and atypical issues in the context of negotiating a term sheet, a DIP agreement and a DIP order. Discussion will include DIP terms from the perspective of various types of DIP lenders, such as pre-petition creditor(s) (or a subset of such creditors), insiders and stalking-horse bidders.

A star-studded cast of ABI notables will perform in this entertaining and informative Las Vegas production, written and produced exclusively for ABI. Reviewing the rules of evidence has certainly never been this fun. This is one luncheon that you won’t want to miss! Come for the food, stay for the show; we guarantee that you will learn something from this scholarly revue.

The panel will address dischargeability litigation from both the debtor and creditor (and bench) perspective.

Do you know the correct procedural answer, and even if the answer is “yes,” can you explain to your client why the practical answer might still be “no”? Corporate bankruptcy attorneys need to understand the procedural and practical effects of a bankruptcy judge’s discretion in key and routine motion practice. This session is great for younger attorneys who are learning the ropes, experienced attorneys who could use a procedural refresher, and bankruptcy judges who want to be sensitive to the practitioner’s viewpoint as to why a procedural appeal right might not always be a practically accessible appeal right.

This panel will explore key issues via a live demonstration of a confirmation hearing. Learn what evidence is required to confirm a plan, and how to present and cross-examine experts in connection with feasibility. How would you rule?

Individual chapter 11 cases remain mired in unique legal issues. This expert panel tours the case law including confirmation issues such as the effect of the Absolute Priority Rule

Chapter 9 poses difficult challenges, in no small part because the relatively limited body of case law provides courts and litigants with insufficient guidance. The panelists will draw upon their insight and experience to discuss some of the most interesting current issues, including the use of chapter 9 eligibility litigation for tactical objectives, the adjudication of plan confirmation issues, the challenges of pension fund restructuring, and the role of mediation in municipality cases.

This panel will survey current business bankruptcy developments, including issues ranging from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.