No CLE

Let's Make It Clear: Federal Rules of Bankruptcy Procedure 3001 and 3002 and Lien-stripping in a Distressed Real Estate Market On Dec. 1, 2011, Federal Bankruptcy Rules of Bankruptcy Procedure 3001 and 3002 were amended to provide increased transparency in proofs of claim and costs assessed during chapter 13 cases. This panel will focus on the effects of these changes on debtors, secured lenders and chapter 13 trustees. We will also review recent lien-stripping litigation, including the latest “chapter 20” case developments.

Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.

Litigating the Cramdown Rate “Cram down” requires full payment of secured classes. This, in turn, requires a present value analysis of the dividends secured creditors will receive under the plan. This panel will review what debtors and secured creditors need to show to establish a cramdown rate and the nuts-and-bolts evidentiary issues joined by cramdown litigation.

Professional Development Track: Litigation Skills Mock Expert Examination R. Scott Williams, Moderator Haskell Slaughter Young & Rediker, LLC; Birmingham, Ala. Judge: Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.); Las Vegas Direct Exam: Dillon E. Jackson Foster Pepper PLLC; Seattle Cross Exam: Lynnette R. Warman Hunton & Williams LLP; Dallas Witness: James Peko Grant Thornton LLP; New York

Means Test: Chapter 7 and Chapter 13 Form B22 Analysis This panel will discuss recent developments in means test issues, including what constitutes current monthly income, defining household size, secured payments on collateral to be surrendered, and disposable monthly income and applicable commitment period for chapter 13 debtors.

Individual Chapter 11—Does the Absolute Priority Rule and the Preconfirmation Use of the Debtor's Disposable Income Aphttp://cle.abi.org/ply in Individual Chapter 11 Cases?

Amendments to Fed. R. Bankr. P. 3001; payment of tax claims; if a debtor surrenders real property post-confirmation in a Chapter 13 case, can the creditor file a deficiency claim and be paid under the Chapter 13 plan?; treatment of claims for ongoing condominium dues that accrue post-petition in a Chapter 13 when the debtor proposes to surrender the collateral.

Mortgage Modifications and Loss Mitigation

Navigating Ethical Responsibility in a Complex World

Practical Consideration of an Out-of-Court Restructuring in Mexico This broad panel, which includes a banker, will discuss how to effectively restructure a Mexican company. Key areas will be identified, as well as potential pitfalls.