No CLE

Judicial Debate RESOLVED: Bankruptcy Code section 307 and the corresponding Federal Rules of Bankruptcy Procedure should be amended to permit the Court to limit the role of the United States Trustee in corporate chapter 11 cases for cause upon motion of an Official Committee of Unsecured Creditors appointed in the case. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: Hon. Peter W. Bowie 184974 U.S. Bankruptcy Court (S.D. Cal.); San Diego Con: Hon. August B. Landis 108698 U.S. Bankruptcy Court (D. Nev.); Las Vegas Business Debate Resolved: Municipalities should not be permitted to modify pension benefits in chapter 9. Mitchell Ryan 203605,Moderator Rust Omni; Orange, Calif. Pro: Sharon L. Levine 104784 Lowenstein Sandler LLP; Roseland, N.J. Con: James H.M. Sprayregen 100999 Kirkland & Ellis LLP; Chicago Consumer Debate Resolved: Trustees should not be permitted to sell property where there is no equity for the estate. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: C.R. "Chip" Bowles, Jr. 103012 Bingham Greenebaum Doll LLP; Louisville, Ky. Con: Ford Elsaesser 105080 Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

This panel will present a spirited discussion of what is and is not appropriate to include in first-day motions in chapter 11 cases by examining a hypothetical case that includes an “overachiever” debtor’s counsel and zealous DIP financing counsel, how a judge might rule on these issues, and how the FRBP and any local rules may dictate the result.

The chapter 11 plan has been confirmed, and consummation is on the horizon. But unforeseen circumstances have put the plan in peril or, worse yet, have caused the plan to fail. This panel will discuss the issues that arise when a plan fails post-confirmation. What alternatives exist? What provisions should be included in a plan to anticipate and guard against failure? Where can the parties go for court assistance?

How can you best advise a client who is unsure whether the stay or the discharge applies? How can you protect a debtor’s benefits offered by the automatic stay and the discharge? Stay violation litigation and discharge analysis are just two of the topics that this expert panel will examine.

Economic Effect of the Increase in Student Borrowing and Debt

Default and Distress Issues

Keynote Luncheon Presentation

Interview Panel

The Business of Student Loans from the School Perspective