2018 Winter Leadership Conference

This panel will discuss how case law since Lehman has both narrowed and expanded the various safe harbor provisions contained in the Bankruptcy Code.

This panel will feature a discussion among key players in the Takata Automotive case addressing its complexities, including significant cross-border issues and the world’s largest automobile recall, which involved tens of millions of vehicles worldwide.

It is difficult to confirm reorganization plans in small business cases and individual chapter 11 cases. This panel will discuss best practices in getting these types of cases across the finish line.

This panel will explore how to maximize values in an auction/§ 363 sale for all constituents, and reveal “tricks of the trade” regarding how to generate value for the estate and unsecured creditors in different ways.

This panel of experienced lawyers, claims agents, accountants and turnaround managers will provide tips on how to obtain and mine internal and external referral sources to generate business.

Hosted by the Consumer Bankruptcy and Legislation Committees A fresh start is now becoming less attainable for many debtors because the traditional "all-up-front" attorney fee approach discourages filing for chapter 7. Some attorneys are solving this problem by splitting pre-petition and post-petition services into separate agreements to allow post-petition payments for post-petition work. The panel will discuss the practical need for this type of fee arrangement, the nuts and bolts of this payment arrangement, the pros and cons of such a system, where it is and where it is not allowed under existing law, a discussion of the current case law concerning such a system, and various policy considerations under review by ABI's Consumer Bankruptcy Commission.

Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees This panel will focus their discussion on the need for disinterested independent directors to employ their own counsel/FAs/IBs in connection with the sale of assets. The main topic will be based on the facts in the Toys “R” Us case, where six groups of independent managers and directors have their own separate counsel and advisors. The panelists believe that similar facts exist in other recent cases, and more cases will reflect this in the future. The panel will discuss such topics as the need for this type of representation, the costs associated and how such costs are accounted for in the case, and what other legal and ethical implications all of this can have on the sale of a debtor’s assets.

Join leading bankruptcy scholars Professor Ronald J. Mann (Columbia), Professor Margaret Howard (Washington & Lee) and Professor Ralph Brubaker (University of Illinois) as they discuss Professor Mann's recent book, Bankruptcy and the U.S. Supreme Court. The presentation will not only focus on the most important bankruptcy decisions by the Supreme Court but also on the decision-making process that the Justices undertake to reach their conclusions. This session should not be missed!

Hosted by the Bankruptcy Litigation and the Commercial & Regulatory Law Committees Breaking stories on blockchain or cryptocurrency seem to hit the news daily. Litigating issues involving this new area presents challenges, as there is no central issuing or regulatory authority. There are no official clearinghouses or oversight by financial institutions, and users act autonomously in transactions. This panel will discuss the various measures of protection for cryptocurrency players in the financial industry and how to litigate the complex issues.

This panel will discuss recent ethics opinions and modern issues facing consumer practitioners.