Business

The panel will discuss attempts to apply creditor protections and applying the concept manifestly against public policy.

Do “Out-of-the-Money” Creditors Have Standing? There are many chapter 11’s filed primarily to sell the collateral for undersecured creditors—meaning that there isn’t any value generated for unsecured creditors or equity. This panel will explore the various issues that result such as basic standing and the appropriateness of forming and maintaining a creditors committee and an equity committee. The panel will also discuss the various arguments put forth to justify a carveout or “gift” for unsecured creditors and the often used “pay-to-play” rule occasionally asserted by out-of-the-money creditor groups. It will also examine ways to identify unencumbered assets early in the case and the possible benefits of keeping them free from post-petition liens granted to DIP Lenders. Lastly, the panel will discuss ways to maximize the Chapter 5 claims and the use of liquidating assets.

Business Track-Fraudulent Conveyance Litigation from Soup to Nuts This program will present a mock hearing involving the myriad procedural and substantive issues associated with fraudulent-conveyance litigation brought by an estate representative, including Stern v. Marshall jurisdictional issues, Twombly and Iqbal and other issues. Bench: Hon. Joy Flowers Conti U.S. District Court (W.D. Pa.); Pittsburgh Hon. Barbara J. Houser U.S. Bankruptcy Court (N.D. Tex.); Dallas Hon. Barry Russell U.S. Bankruptcy Court (C.D. Cal.); Los Angeles Litigants: David M. Stern Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles David B. Wheeler Moore & Van Allen, PLLC; Charleston, S.C.

The panel will identify and discuss likely future trends in restructurings in Mexico, as well as projected revisions to the Concurso.

Since most debtors default in chapter 13 plans before they reach completion, are modifications needed to the law's rehabilitation goals? Pro: Hon. Pamela Pepper Con: Catherine Peek McEwen Should the U.S. Trustee's enforcement role in chapter 11 cases yield to creditor preferences? Pro: Robert M. Fishman Con: Clifford J. White, III Do creditors' committees serve a useful purpose in cases where the debtor's assets are overly encumbered and the amount of unsecured claims is a fraction of the amount of secured debt? Pro: Robert J. Feinstein Con: Jay M. Goffman

A panel of judges will discuss hot topics including the latest developments regarding the absolute priority rule in individual cases, the Supreme Court's decision in RadLAX, developing jurisprudence in the aftermath of Stern v. Marshall and other topical issues.

Financial Advisors Track - How to Create Value for the Estate from Your First Client Meeting until Entry of a Final Decree This panel will explore the ways in which financial advisors, investment bankers and chief restructuring officers can add value to a financially distressed company. Topics to be explored will include assessment of management, evaluation of asset quality, analysis of financial reporting, maintaining relationships with other stakeholders, creating operational improvements and other related endeavors.

Business: Claims and Defenses in Actions Targeting Investors, Bankers, Accountants and Attorneys