No CLE

Young lawyers frequently learn that they will be working on a new chapter 11 case when they are directed to start drafting pleadings. This session, spearheaded by members of ABI’s Young & New Members Committee, is geared toward gaining an understanding of what precedes that moment by (1) advising and educating the new(er) generation of bankruptcy professionals on the background and “big picture” of a chapter 11 case, and (2) advising and educating the newest generation of bankruptcy professionals on pre-filing strategies. The panel will explore and help identify operational, financing and litigation problems that may be faced by distressed companies, then will explore both short-term and longer-term strategies that can be pursued before a petition is filed.

This panel will cover deposing, qualifying and examining a financial expert witness regarding their opinions on solvency, reasonably equivalent value and plan feasibility.

This year’s litigation session will focus on preparing a witness to testify in various bankruptcy circumstances, including § 341 meetings, Rule 2004 examinations, evidentiary hearings and trials. The session will also include “how to” and “how not to” demonstrations of witness preparation by experienced trial lawyers encompassing preparation for both direct testimony and cross-examination.

This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.

This session features an interactive presentation of the most common evidentiary issues faced by consumer practitioners, and the audience is the judge.

"You know the math, but do you know how to win the argument? This panel will address the nuances of supporting your numbers, preparing your rebuttal brief and cross-examination, and providing valuable testimony for your position. We will address the important points in cross-examining your opponent’s position, discuss some of the more interesting recent bankruptcy valuation decisions, and analyze what works and what doesn’t in supporting key assumptions in the valuation process. "

What is the difference between “market value” and “intrinsic value”?; what is market value, and how is it discerned?; how reliable are various indicia or tests of market value, including: (1) public (or private) bankruptcy trading prices of the debt or equity securities of a debtor, (2) outcome of the bankruptcy sale process and (3) credit-bidding, and when can “market tests” be wrong?; have bankruptcy courts allowed lay perceptions of discernible market value to replace expert testimony and other proofs relevant to § 506 determinations or cramdowns?; how can rights offerings be used and assessed as an indication of value?