No CLE

This luncheon plenary session will provide an overview of some of the most common evidentiary problems and miscues that come up in trial practice before the bankruptcy court, along with a number of trial evidentiary pointers and practice tips.

This panel will address a multitude of issues relating to the attorney client privilege that can arise in a bankruptcy case. These include: a general review of the privilege and client confidentiality; whether the privilege applies to the disclosures that a debtor makes to his or her attorney, or to the attorney's advice to the debtor, in the course of preparing the schedules; the case law on whether the trustee can control the privilege after a bankruptcy is filed, for example, in obtaining information from the debtor's pre-petition personal injury attorney; whether the privilege applies in a hearing under § 329; whether the privilege applies to disclosures required in an attorney fee application or to disclosures requested by the court in a hearing on an application; and the scope of the crime-fraud exception to the privilege in Michigan, and when that exception might apply in apply in bankruptcy cases.

An update on the sometimes-exciting academic research now being conducted on corporate restructurings and bankruptcy. Topics include advances in our understanding of the benefits and costs of bankruptcy, trends in the accuracy of confirmation values, private-equity firms and financial distress, and the impact of distressed-debt trading.

This single plenary session will feature a policy-oriented panel discussing the reasons for municipal insolvency nationally, with a particular focus on the New England Region. The panel of highly-experienced government officials, municipal receivers and thought leaders will review and debate the challenges faced by state and local leaders in their efforts to address the financial stress facing many of our cities and towns. Among the issues to be addressed are: the pressures of labor contracts, legacy benefits, and pension and retirement plans on municipal budgets; creditor and bondholder relations; sections of the code that impact these issues; and trends arising from the most recent cases. The panel may also touch on needed Chapter 9 reform. Lawyers, lenders, insolvency specialists, as well as those interested in the future of our cities and towns, will be interested in this program.

This single plenary session will feature a policy-oriented panel discussing the reasons for municipal insolvency nationally, with a particular focus on the New England Region. The panel of highly-experienced government officials, municipal receivers and thought leaders will review and debate the challenges faced by state and local leaders in their efforts to address the financial stress facing many of our cities and towns. Among the issues to be addressed are: the pressures of labor contracts, legacy benefits, and pension and retirement plans on municipal budgets; creditor and bondholder relations; sections of the code that impact these issues; and trends arising from the most recent cases. The panel may also touch on needed Chapter 9 reform. Lawyers, lenders, insolvency specialists, as well as those interested in the future of our cities and towns, will be interested in this program.

The absolute priority rule: trials and tribulations of new value. Cram down issues with 1111(b)(2) and Pacific Lumber. Practical considerations when litigating non-debtor releases.

Administrative Order No. 12-05 requires all Chapter 13 cases filed in the Eastern District of Michigan to use the new Model Plan 3.0. Panelists will discuss the challenges presented by the new form Plan, common alterations and strategies for Plan proponents, and observations from the office of the Chapter 13 Trustee following nearly a year of administering the new Plan.

Several authors of ABI’s recent publication, The Chief Restructuring Officer’s Guide to Bankruptcy, will be joined by other experts to discuss various issues raised in the book and provide practical insight into the rights and responsibilities of CROs in distressed situations.

Claims Resolution Rules 3001 & 3002.2, claim amendments, lien-stripping and mortgages.

Much has changed in the world of corporate restructuring since the Bankruptcy Code was passed in 1978. ABI's review commission has been operating since last April, gathering information about whether and how corporate bankruptcy law could be reformed to make the process more effective and result in greater maximization of values for all stakeholders. Hear about the process, and the policies under review, from the Commission co-chair and three others from the 20-member Commission.