No CLE

This session will be a fast-paced tour of advanced topics on a broad range of bankruptcy issues. While many U.S. Supreme Court decisions seek to address circuit splits and resolve issues of differing interpretation, the decisions often create additional diversity in interpretation and practice. This panel will address the last decade of Supreme Court decisions and their aftermath, and will take a look at pending and potential cases that may soon be decided.

This session will examine the legal issues that impact the flow and diversion of the value distribution waterfall, including identifying gaps between the scope of, and the methodology for determining, enterprise value and collateral value; the impact of §§ 502, 506(a), 506(c) and 552 on the allowed amount of secured and unsecured claims; and contractual and non-contractual adjustments to legal priorities (including intercreditor lien agreements, intercreditor claim-subordination agreements, participation agreements and collective action, equitable subordination, intercompany claims and substantive consolidation). Using a hypothetical case, the panel will illustrate these issues and the uncertain and complex valuation, allocation and intercreditor issues that can arise in a multi-tranched, multi-debtor restructuring case

What happens when there is a failure of disclosure in consumer cases? This panel will cover current disclosure requirements, client intake tips regarding disclosure, and the ramifications of failing to disclose (i.e., denial of discharge, bad-faith dismissal, judicial estoppel, criminal prosecution, etc.).

The Till v. SCS Decision was handed down in May 2004, making 2014 the 10-year anniversary of one of the most important bankruptcy decisions of all time. This panel, which features the lawyers who argued the matter before the Supreme Court (Eric Brunstad), as well as others who have argued significant post-Till interest rate cases, will discuss the evolution of Till and where we are today.

Madoff: Ponzi Presentation

This panel will discuss applicable federal and state laws, case studies, transactions in regards to actual vs. constructive fraud, tests for constructive fraudulent transfers, and professional liability.

This session will cover revenue and expense recognition, financial statement analysis, financial ratios, and the calculation and forecasting of a firm’s free cash flow.

This panel will feature a discussion of basic option concepts, debt and equity claims, bankruptcy priorities and corporate governance issues.

This session will take a look at different valuation techniques, including asset approaches, market approaches and income approaches. Concepts such as time value of money, discounted cash flows, determining the discount rate and cost of capital, and terminal value assumptions will be illustrated. Comparable companies and precedent transactions to establish the relative enterprise and equity value of firms will also be examined and discussed.