No CLE

In ABI’s returning series on best drafting practices, we turn to plans and disclosure statements. Our panel will explore cutting-edge issues in drafting plans and disclosure statements, as well as current trends and best practices. This program will be geared toward small, mid-sized and large bankruptcy cases.

As the elderly population continues to grow, the intersection between bankruptcy and elder law will continue to grow with it. This session will focus on issues unique to elder law and the various considerations every consumer practitioner should know when these two very unique areas of law intersect.

This panel explores DIP issues in a chapter 11 case and is intended to provide both fundamental information and an overview of emerging issues, including: What is the primary analysis that needs to be undertaken? How do you assess a 13-week cash flow? Who are your potential lenders, and what are the potential terms? What are the pitfalls and areas of concern for other parties in interest, the U.S. Trustee and the court?

This session, which is based on real case examples, addresses issues such as capital structure (debtor’s actual vs. industry average), cost of debt (debtor’s actual vs. industry average), and modifications to the CAPM (e.g., size premium).

Do the rules of civility ensure that lawyers play nicely in the sandbox? This panel will focus on the growth of civility obligations for lawyers, as well as other developments in legal ethics.

This panel will present an examination of ethical and legal issues arising in the practice of bankruptcy law, with an emphasis on privacy, confidentiality and professionalism in the use of social media and networking.

How will the Supreme Court’s decision in Baker Botts v. ASARCO affect professional fees? Will there be an increase in fee litigation in future chapter 11 cases? This panel will also explore the Tribune standard for payment of unsecured creditors’ post-petition professionals’ fees, fees awarded as part of global settlements (Lehman), and the recent use of fee examiners. The session could also include a discussion on when disclosure of “representations of parties in unrelated matters” is sufficient, whether conflicts be cured by the appointment of conflicts counsel, a recent Ninth Circuit decision on the potential implications of exceeding fee caps, when it is necessary to obtain a conflict waiver, current vs. recent vs. former clients, and directly adverse vs. positionally adverse.