No CLE

Speakers: Roy S. Kobert, Moderator GrayRobinson; Orlando 1. Unbundling the Sticks: Can Debtor Counsel Limit Scope of Representation? PRO: James H. Cossitt James H. Cossitt, PC; Kalispell, Mont. CON: Guy G. Gebhardt Office of the U.S. Trustee; Atlanta 2. Eat Dirt! Can Secured Lenders be Forced to Take Title? CON: Lynn Welter Sherman Adams and Reese LLP; Tampa PRO: Harley E. Riedel Stichter, Riedel, Blain & Prosser, PA; Tampa 3. Welcome to the Laundromat! Can 363 Orders Scrub all Future Claims? PRO: John A. Anthony Anthony and Partners; Tampa CON: Elizabeth A. Green BakerHostetler; Orlando

The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception. This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more. Most importantly, the panel will assess the practical effects and foreseeable impact of implementing these recommendations. This webinar is a must-attend for attorneys who regularly represent creditors, liquidating trustees, and panel trustees in preference actions.

This panel will discuss the mechanics and pros and cons of pre-packaged plans, covering topics such as favoring secured creditors over unsecured, retaining previous directors and managers. The panel will discuss voting/solicitation requirements, prepack-specific first day motions, and notice requirements. The panel will discuss plan support agreements and the case law detailing the issues associated with a pre-packaged plan.

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters to be discussed will be timely issues involved in preference actions, including both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.

Oscar Wilde said that “experience is simply the name we give our mistakes”. This panel of Judges will address mistakes that attorneys make during litigation seen from the perspective of the bench.