abiLIVE Webinars

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. In this 90-minute webinar, several members of the Commission and the official reporter will present the key findings as submitted to Congress. Written materials will be provided.

PRESENTED BY: Ethics & Professional Compensation Committee On Oct. 2, 2014, the U.S. Supreme Court granted certiorari in Baker Botts LLP v. ASARCO LLC, No. 14-103. Baker Botts, which represented debtor-in-possession ASARCO LLC in one of the largest and most complex chapter 11 bankruptcy cases ever, obtained a fee award from the bankruptcy court of $113 million for fees and costs, $4.1 million as an enhancement, and $5 million for defending its fee application. On appeal, the Fifth Circuit Court of Appeals reversed the $5 million award for defense of the fee application. Citing In re Pro-Snax Distributors Inc., 157 F.3d 414 (5th Cir. 1998), and Bankruptcy Code § 330(a)(3), (4) and (6), the Fifth Circuit held that compensation for defending fee applications was not allowable where the services provided were not likely to benefit the debtor’s estate or necessary to the administration of the estate. The ruling deviates from prior Ninth Circuit rulings. Would a ruling barring professionals from being compensated for successfully defending against challenges to their fees give too much leverage to the fee examiners and other parties willing to use the adversary process? In this 75-minute webinar, two seasoned bankruptcy attorneys will debate this hotly contested issue, moderated by an experienced U.S. Bankruptcy Judge. The Supreme Court’s ruling on this matter could have a major impact on bankruptcy practitioners nationwide. SPEAKERS Thomas J. Salerno Gordon Silver Phoenix, AZ J. Maxwell Tucker Squire Patton Boggs (US) LLP Dallas, TX Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.) Reno, NV

HOSTED BY: SECURED CREDIT COMMITTEE Make-whole provisions in loan documents, which compensate lenders for the loss of future interest payments when a borrower voluntarily prepays its debt, and no-call provisions, which prohibit the prepayment of debt before maturity, can greatly affect distributions to creditors in bankruptcy. The enforceability of these provisions has given rise to extensive litigation in such cases as AMR Corp. (American Airlines), School Specialty, GMX Resources and Chemtura. This 75-minute webinar will review recent decisions and the current state of the law concerning make-whole and no-call provisions. Key takeaways that practitioners should be aware of when drafting these provisions will also be discussed. SPEAKERS Charles Reardon Asgaard Capital LLC Vienna, Va. Stanley B. Tarr Blank Rome LLP Wilmington, Del. Andrew V. Tenzer Paul Hastings LLP New York

Hosted By: Legislation Committee Congress recently proposed legislation to repeal Title II of Dodd-Frank (the “Orderly Liquidation Authority,” or “OLA”) and replace it with chapter 14 of the Bankruptcy Code. This 75 minute webinar will provide a basic overview of the OLA, and will introduce participants to the current chapter 14 proposal providing for the reorganization or liquidation of large financial institutions. The discussion will explore the policies underlying chapter 14 and concerns surrounding the limits of chapter 11, as well as the potential effects that this proposed legislation would have on large financial institutions and bankruptcy practitioners. SPEAKERS Thomas Jackson University of Rochester Rochester, NY Stephen Lubben Seton Hall University South Orange, N.J. Reena Sahni Davis Polk & Wardwell LLP New York Dena Kessler, Moderator BakerHostetler Washington, D.C.

This webinar offers the ABI’s most advanced program on the 1111(b) election, and is designed for those who already have a basic understanding of this subject. Richard Bendix and Franklind Lea, two nationally recognized experts on 1111(b), will provide an insightful view of the election’s underlying mathematics and its effect on case strategy.

This webinar, presented by ABI's Bankruptcy Litigation Committee, will be a guide for non-Delaware-, non-New York-based attorneys and law firms (as well as junior attorneys practicing in Delaware and New York) to delivering more value to their clients by (a) anticipating SDNY and Delaware requirements, (b) knowing the black-letter rules and unwritten practices in Delaware and SDNY for appearing without local counsel, and (c) recognizing those situations where outside counsel should retain local counsel, even if is allowed to operate on their own under the applicable rules.

This skills seminar will examine documents that are often used to restructure debt outside of bankruptcy. Learn the purpose and legal underpinnings of the various component parts of frequently used workout documents such as forbearance agreements, intercreditor agreements and restructuring/override agreements. The panel will focus on real-world examples of good and bad provisions of workout documents and will provide drafting tips.

In 2012, an ABI commission examined the role of hedge funds in chapter 11 cases, including the impact of such funds on the bankruptcy process. Among other things, the study found that hedge funds were prevalent in chapter 11 cases and played an “activist role” in shaping bankruptcy outcomes. Despite this finding, many lawyers and business professionals who enter the restructuring world lack familiarity with hedge funds, how they function and how they can apply in a bankruptcy context. This webinar will serve as an introductory primer on hedge funds in bankruptcy and will: *Provide a non-technical overview of hedge funds and hedge fund concepts for beginners; *Explain how hedge funds can come into play in a bankruptcy case; *Explain how hedge funds can positively or negatively impact the bankruptcy process; and *Provide tips for professionals on dealing with hedge fund issues in bankruptcy cases. Click here to get Back to Basics Series - 3 Videos together.

In keeping with the theme of “understanding financial concepts,” this webinar focuses on how financial information should be presented in a litigation scenario. This is certainly not a topic limited to attorneys, as it is often financial advisors, investment bankers, accountants and other professionals who must support litigation efforts or serve as experts in eliciting testimony about financial documents. To provide restructuring professionals with a useful resource in understanding how to present financial documents as evidence, this webinar will offer the following: *A non-technical overview of rules of evidence applicable when analyzing and presenting financial documents for discovery or as trial evidence *Tips on presenting financial information and eliciting (or providing) expert testimony regarding financial documents. Click here to get Back to Basics Series - 3 Videos together.

There are many lawyers and business professionals who enter the restructuring world without accounting or business backgrounds and have a learning curve to overcome when it comes to, for instance, getting a snapshot of the current financial picture of a business by reviewing financial statements or understanding what goes into monthly operating reports and cash flow analyses. This webinar will therefore serve as a useful tool for professionals by: *Reviewing in a non-technical manner accounting basics for beginners; *Reviewing financial statements and monthly operating reports and the types of information included in such documents; *Explaining what restructuring professionals look for when reviewing financial statements or MORs to determine the issues facing a given company. Click here to get Back to Basics Series - 3 Videos together.