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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).

This panel will delve into recent trends in breach-of-duty litigation against officers and directors, developments in Delaware fiduciary duty case law that bankruptcy lawyers should know about, standing to assert D&O claims, the in pari delicto defense, D&O insurance coverage issues, breach-of-duty claims against lenders, and D&O litigation involving private-equity funds. Cases to be discussed include Liberty State Benefits of Delaware Inc., MF Global Holdings Ltd. and SGK Ventures LLC.

Great Debates Paul M. Nussbaum, Moderator Whiteford Taylor Preston, LLP; Baltimore Resolved: A structured dismissal that violates the absolute priority rule should never be permitted. Pro: Craig Goldblatt WilmerHale; Washington, D.C. Con: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Resolved: Asset sales under § 363 should lawfully be free and clear of successor-liability claims. Pro: Hon. Robert E. Gerber (ret.) U.S. Bankruptcy Court (S.D.N.Y.); New York Con: William P. Weintraub Goodwin Procter LLP; New York

This panel will explore a variety of issues related to plan confirmation, including artificial impairment (Village Green I, GP v. Federal National Mortgage Association), cramdown interest rates/subordination/make-whole provisions (MPM Silicones) and third-party releases (Millennium Lab Holdings).

Are lenders finding strategies to avoid the Code’s landlord protections? This panel will explore whether a debtor’s obligation to timely perform is being honored, rejection/assumption rules modified in DIP orders, use of nunc pro tunc rejection to minimize claims, and other issues in today’s retail cases.

This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.

The webinar will discuss various rules and orders governing the process of mediation in bankruptcy, focusing on Ch.5 causes of action. The webinar also explores time tested strategies for resolving avoidance actions at the mediation.

Panel #1 Financing and Restructuring Alternatives Available to Distressed Borrowers Prior to Filing for Bankruptcy; Will Include a Market Overview of the Current Lending Environment Panel #2 The Restructuring Process, Including DIP Financing in Bankruptcy and Emergence Lending Options and Opportunities