No CLE

In today’s marketplace, more and more thought is being given to pursuing state law remedies rather than commencing chapter 11 cases. This is especially true in the middle market. This panel will discuss the financial professional’s role and obligations in out-of-court restructuring solutions, including compositions, foreclosures, assignments for the benefit of creditors and asset sales.

This panel will examine a multitude of issues involved in financing a chapter 11 exit, including the complications caused by a § 1111(b) election and plan treatment options. Feasibility issues, including balloon provisions and deed-in-lieu clauses, will also be discussed, as well as issues that arise when determining whether a plan is fair and equitable, including deferred payment clauses, interest rates, negative amortization, partial surrender of collateral, carve-outs and differing treatment of trade claims. Dirt-for-debt proposals might also be discussed, along with issues involving indubitable equivalence.

This panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s “safe harbor” to failed leveraged transactions, as well as the “good faith” defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.

Recent Prosecutions, Ponzi Schemes, Debtor Crimes, Professional Fraud (including Medicare and Medicaid) plus Upcoming Discharge Issues.

This panel will provide helpful guidelines for creating clear client expectations, adequately defining work scope and managing fees when engaging FAs and expert witnesses. We have all had cases where clients were unhappy because work product didn’t meet expectations or fees were significantly higher than expected. This panel will help the practitioner learn how to use financial professionals more effectively to decrease the risk of having an unhappy client.

This panel will discuss the new U.S. Trustee Fee Guidelines, recent developments in disinterestedness and conflicts, and the appointment of examiners and chapter 11 trustees.

a. terminations (convenience/default) b. effect of FAR bankruptcy clause c. subprime/prime issues: rights of the subcontractor when the prime contractor files d. novation e. assignment of government contracts receivables f. effect of Assignment of Claims Act/UCC Speakers: Lawrence P. Block Stinson Leonard Street LLP; Washington, D.C. Hilary S. Cairnie BakerHostetler; Washington, D.C. Lawrence Sher Reed Smith LLP; Washington, D.C. Holly E. Svetz Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va. Janet M. Nesse Stinson Leonard Street LLP; Washington, D.C. Christopher J. Giaimo BakerHostetler; Washington, D.C. Prof. Sally M. Henry Texas Tech University School of Law; Lubbock, Texas Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt

a. the automatic stay and relief from the stay b. discrimination against the debtor, and how that affects termination c. setoff/recoupment d. buying assets in bankruptcy e. executory contracts issues f. claims by government agencies g. adversary proceedings and other litigation with the government h. employee claims i. interactions with the DOL, DOJ, etc. Speakers: Lawrence P. Block Stinson Leonard Street LLP; Washington, D.C. Hilary S. Cairnie BakerHostetler; Washington, D.C. Lawrence Sher Reed Smith LLP; Washington, D.C. Holly E. Svetz Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va. Janet M. Nesse Stinson Leonard Street LLP; Washington, D.C. Christopher J. Giaimo BakerHostetler; Washington, D.C. Prof. Sally M. Henry Texas Tech University School of Law; Lubbock, Texas Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt