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Hiring and Roles of Receivers and Examiners

This panel will focus on the selection and roles of receivers and examiners, addressing various authorities for the hiring of receivers and examiners and the differences between state and federal law. The panelists will also describe the role of such professionals and provide examples, such as how to deal with governmental entities.

Historical Perspectives: Bankruptcy and the U.S. Supreme Court

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!
1 hour 2 minutes 13 seconds

Hooked on the Horns of a Legal Dilemma: Can "Moo"tness Be Equitable?

While Courts of Appeal across the country recognize the doctrine of equitable mootness, there are substantial differences in approach: some circuits apply the doctrine liberally, even in cases that are arguably not complex; some circuits all but call for elimination of the doctrine. Dueling in the Lone Star State may, now, be strictly forbiddena"but come watch two of the nation's top appellate advocates face off in a courtroom showdown to settle long-standing feuds about equitable mootness. Presented as a highly stimulating mock oral argument before an esteemed panel of circuit judges, this program will ponder whether an appellate court can ever "unscramble the egg," as the advocates each try to "steer" the Bench to the right result.

Hotcakes and Hot Topics: Judges’ Roundtable Q&A

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.

How the Three Little “Ps” — Pitching, Presentation and Performance — Can Blow Your Audience Away

Learn how to enhance your client and committee pitches, hone your panel presentations, and “wow” your court or your audience from this group of skilled advocates and public speakers. This workshop, suitable for attorneys of all levels, will provide you with tips, lessons and examples to help you improve your presentation skills.
1 hour 29 minutes 58 seconds

How to Handle Challenging Clients and Conflict Issues in Individual Cases

This panel will discuss (a) interactions with clients who have mental health problems, lying clients and unreasonable clients; and (b) spousal conflicts, joint individual and business case conflicts, conflicts that arise when changing firms, and multiple-owner business case conflicts.
1 hour 11 minutes 48 seconds

I’m Gonna Make You an Offer You Can’t Refuse! The Fight Between Secured Creditors and Junior or Unsecured Creditors in Bankruptcy

Secured lenders work with debtors and committees in large chapter 11 cases to modify the environment in which the chapter 11 estate proceeds. This panel will examine the contemporary attributes of negotiated modifications and accommodations in connection with cash-collateral stipulations, DIP financing agreements, bidding procedure orders and chapter 11 plans. The panel will also consider whether any of the typical compromises are questionable in light of decisions, such as Jevic, that challenge the ability of courts and constituents to modify the structure of the chapter 11 playing field.
57 minutes 58 seconds

Indicators of Future Distress

During this session, the panelists will discuss the role and responsibility of boards of directors in monitoring for insolvency and taking action, along with a retrospective view of how this has unfolded in certain industries and what indicators were present. Finally, we will consider where valuations fall short at being predictive.