2017 Bankruptcy Battleground West

It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.

This panel will explore the myriad issues that arise in chapter 7 and 11 cases when the debtor is the sponsor of an employee retirement benefit plan, including 401(k) plans and pension plans.

Often the hardest part about bankruptcy litigation is making the decision to take it on in the first place, considering the time, expense, available resources and anticipated benefit to the estate and its constituents. Many bankruptcy attorneys often divorce litigation from the business goals of the client, resulting in disproportionately high fees, disappointed clients and unpaid professionals. Too little time and effort is undertaken before and during the early stages of litigation to consider the foregoing and client objectives. Consequently, in most cases litigation must be viewed as a business decision. This panel will discuss these important issues and take the audience down the litigation and settlement road: (1) pre-filing the complaint; (2) early disclosures to opponents; (3) early motions; (4) discovery and discovery disputes; (5) pre-trial motions (e.g., motions for summary judgment); and finally (6) trial. The tactics and strategies often used during these steps to promote or advance settlements that best favor clients will also be addressed.

This is a subject none of us can afford to ignore: the ins and outs of being retained and paid by the bankruptcy estate. Panelists will discuss recent issues and developments in the area of professional retention and compensation, including a look at the U.S. Trustee Guidelines in practice, recent conflict-of-interest decisions and thoughts on best practices.

This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.

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?

This panel will address recent developments in chapter 11 cases for individuals.

This panel will explore the role of hedge funds in bankruptcy cases, including how they have changed the restructuring landscape.

This panel will address recent developments in SARE cases.

This panel will explore how chapter 11 cases are currently being resolved, as many have not been going through a restructuring or reorganization. Structured dismissals, chapter 7 conversions, sale processes, liquidating trusts and other resolutions will be discussed.