Video

The bankruptcy judge ruled against you. Now what? Motion to reconsider? Appeal to the district court? Appeal to the (gulp) court of appeals? HELP! This panel of experienced practitioners and judges will help you think through when, and how, to appeal.

How do hedge funds and other distressed investors think about the world? Our panelists know the answers! Come and learn how distressed investors examine opportunities in bankruptcy cases and how they think about pursuing their objectives during a bankruptcy case.

In ABI’s returning series on best drafting practices, we turn to plans and disclosure statements. Our panel will explore cutting-edge issues in drafting plans and disclosure statements, as well as current trends and best practices. This program will be geared toward small, mid-sized and large bankruptcy cases.

Today’s bankruptcy cases are almost all done in record time. Join our nationally recognized experts as they discuss a range of best strategies for both debtors and creditors to expedite both in- and out-of-court business reorganizations. This panel will discuss out-of-court remedies, prepacks and other procedures to increase efficiency in reorganizing struggling businesses.

Chapter 11 filings are up in 2016, and so is the use of DIP financing. This panel of leading experts will discuss cutting-edge issues in DIP financing for large and middle-market cases, including how to leverage the best results whether you’re representing the DIP lender, subordinate secured creditors, debtor or creditors’ committee.

Resolved: A “workaround” contract provision is enforceable after Baker Botts v. ASARCO. Resolved: If a mortgage includes a security interest in a mortgage escrow account, the mortgage loan can be modified under § 1322. Resolved: Section 1129(a) requires an impaired accepting class for each debtor.

HOSTED BY THE CONSUMER BANKRUPTCY COMMITTEE The webinar will provide an overview of the National Form Plan and the opt-out compromise, as well as an update on the current status of the proposed rules. There will be a presentation about the other changes to the Federal Rules of Bankruptcy Procedure. Speakers will also lead a discussion of the requirements of Rule 3015.1 for courts choosing to opt out of the National Form Plan. Speakers: Hon. Rebecca B. Connelly U.S. Bankruptcy Court Western District of Virginia Harrisonburg Hon. Marvin Isgur U.S. Bankruptcy Court Southern District of Texas Houston Hon. Brian D. Lynch U.S. Bankruptcy Court Western District of Washington Tacoma View Materials

CO-HOSTED BY ABI AND THE THE NATIONAL ASSOCIATION OF FEDERAL EQUITY RECEIVERS Ponzi scheme cases almost always have a hard landing in either a bankruptcy or receivership proceeding. Depending on which administrative filter is imposed on a Ponzi scheme case, the rights of the fiduciary administering the case as well as the rights of creditors and investors can vary significantly. Kenneth Bell, the receiver of ZeekRewards, one of the largest Ponzi scheme cases ever, and Brian Bash, the bankruptcy trustee presiding over the sizeable Fair Finance Ponzi scheme case, will compare and contrast their experiences in unwinding the frauds in their cases and returning funds to defrauded victims. Stephen Harbeck, the CEO of the Securities Investor Protection Corporation, will add his insights into the administration of a SPIC proceeding like the Bernard Madoff scheme. The presentation will cover a range of topics typically arising in these types of cases including: The obligations and duties of the different types of fiduciaries Reaching assets and defendants nationwide and worldwide Large classes of fraudulent transfer defendants Substantive consolidation The claims process Stays of litigation

Consumer Debate Resolved: An out-of-statute proof of claim violates the FDCPA. Business Debate Resolved: Assets can be sold free and clear of liens in state court receiverships. Judges Debate Resolved: Third-party releases should not be allowed in chapter 11 plans.

This panel will address a variety of current issues including “disinterestedness” and “the 1% Rule,” attempted workarounds in the aftermath of Baker Botts v. ASARCO LLC and other ethical challenges, along with guidance under various applicable Rules of Professional Conduct, such as rules regarding fees (RPC 1.5), confidentiality (RPC 1.6), conflicts of interest (RPC 1.7) and candor with the court (RPC 3.3).