Video

During this session, the panelists will discuss the role and responsibility of boards of directors in monitoring for insolvency and taking action, along with a retrospective view of how this has unfolded in certain industries and what indicators were present. Finally, we will consider where valuations fall short at being predictive.

This panel will discuss issues that have arisen in recent cases regarding adequate protection, including the right and wisdom of current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets, including assets used in commodity businesses where value can be cyclical.

International restructuring expert will review foreign and domestic restructuring laws and their relative effects on value maximization, cost reduction and differences in valuation methodology.

How and when is a secured creditor’s rights affected by § 552? This session will examine typical scenarios so you can learn all you need to know about this difficult area of the law.

Join panelists as they explore the issues of confidentiality and privilege in bankruptcy mediations. The panel will discuss the current landscape for what may be the most critical component to the success of a mediation; and delve into what parties and courts are, and/or should be, doing to protect and preserve parties' reasonable expectations regarding the confidentiality of all that is said and exchanged during the course of a bankruptcy mediation. It promises to be an interesting discussion for anyone representing a party, or otherwise participating, in a bankruptcy mediation.

Bankruptcy judges sound off on the best (and worst) behavior of our bankruptcy brothers and sisters. Join us in our first ABC-sponsored session!

Hosted by the Bankruptcy Litigation and Young and New Members Committees

Have you ever had your expert sink your case with the wrong words? This no longer needs to be the case. Learn how to get the best testimony out of nonprofessional witnesses, including business owners and CFOs. This panel will discuss various evidentiary matters, including the use of affidavits, how to get hearsay in, special rules for business owners (valuation testimony and how to make it credible), direct testimony and business records.