No CLE

Do “Out-of-the-Money” Creditors Have Standing? There are many chapter 11’s filed primarily to sell the collateral for undersecured creditors—meaning that there isn’t any value generated for unsecured creditors or equity. This panel will explore the various issues that result such as basic standing and the appropriateness of forming and maintaining a creditors committee and an equity committee. The panel will also discuss the various arguments put forth to justify a carveout or “gift” for unsecured creditors and the often used “pay-to-play” rule occasionally asserted by out-of-the-money creditor groups. It will also examine ways to identify unencumbered assets early in the case and the possible benefits of keeping them free from post-petition liens granted to DIP Lenders. Lastly, the panel will discuss ways to maximize the Chapter 5 claims and the use of liquidating assets.

What do the new fee guidelines from the U.S. Trustee mean for your practice? How is new Rule 2019 affecting practice and disclosure?

Learn to think through an individual Chapter 11 plan and spot critical issues that can affect your case. A panel of experienced individual Chapter 11 practitioners and a member of the judiciary will guide you, step by step, through a successful individual Chapter 11 case, and discuss problematic issues and solutions you can implement in your individual Chapter 11. Topics include: - Creating a budget on your schedules - Calculating your plan - Working with the US Trustee’s office - Tax issues - Application of the absolute priority rule - “Deemed” voting - “Reasonable and necessary” expenses - Addressing secured mortgage debts in the plan

Business Track-Fraudulent Conveyance Litigation from Soup to Nuts This program will present a mock hearing involving the myriad procedural and substantive issues associated with fraudulent-conveyance litigation brought by an estate representative, including Stern v. Marshall jurisdictional issues, Twombly and Iqbal and other issues. Bench: Hon. Joy Flowers Conti U.S. District Court (W.D. Pa.); Pittsburgh Hon. Barbara J. Houser U.S. Bankruptcy Court (N.D. Tex.); Dallas Hon. Barry Russell U.S. Bankruptcy Court (C.D. Cal.); Los Angeles Litigants: David M. Stern Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles David B. Wheeler Moore & Van Allen, PLLC; Charleston, S.C.

Consumer Track - From Infants to Toddlers: Bankruptcy Rules 3001 and 3002.1 Experience First-Year Growing Pains Bankruptcy Rules 3001 and 3002.1 turn one year old on Dec. 1, 2012. The panel will explore the cases that have arisen over the past year and look ahead to as-yet-unresolved issues.

The panel will identify and discuss likely future trends in restructurings in Mexico, as well as projected revisions to the Concurso.

Since most debtors default in chapter 13 plans before they reach completion, are modifications needed to the law's rehabilitation goals? Pro: Hon. Pamela Pepper Con: Catherine Peek McEwen Should the U.S. Trustee's enforcement role in chapter 11 cases yield to creditor preferences? Pro: Robert M. Fishman Con: Clifford J. White, III Do creditors' committees serve a useful purpose in cases where the debtor's assets are overly encumbered and the amount of unsecured claims is a fraction of the amount of secured debt? Pro: Robert J. Feinstein Con: Jay M. Goffman

Home Sweet Home: Residential Issues in Bankruptcy Cases Including Robo-signing, Mortgage Fraud, Standing and Relief from Stay