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Casino and Gaming Issues in Chapter 11 Cases
This panel will discuss the first-day orders necessary to keep a casino open (including regulatory interplay), including motions related to chips, loyalty programs and progressive play. Featured will be a discussion of the issues related to valuation and the extent of security interests, including cash as proceeds of gaming collateral and perfection of bankroll, along with issues related to plan confirmation and § 363 sales, including regulatory limitations and protection of customer lists.
Cutting-Edge Issues in Retention and Fee Applications
This panel will address disclosure issues relating to disinterestedness, compensation and reimbursement requirements, compensation of fees incurred defending fee applications, and flat-fee arrangements between chapter 7 debtors and counsel, and other issues.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls).
Pro: Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Or.); Portland
Con: Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Business Debate
Resolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium
Pro: Lori Sinanyan
Jones Day; Los Angeles
Con: Michael H. Strub, Jr.
Irell & Manella LLP; Newport Beach, Calif.
Consumer Debate
Resolved: Attorneys should be permitted to unbundle services under an engagement agreement with a consumer debtor.
Pro: Samuel A. Schwartz
The Schwartz Law Firm, Inc.; Las Vegas
Con: John R. Bollinger
Boleman Law Firm, P.C.; Hampton, Va.
Consumer Forum Session: Where the Fugawi, and How Did We Get Here?
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.
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