Video

Professional Development Track - "I'm Shocked-Shocked!-to Find that Unethical Conduct Is Going On in Here!": A Tale of Ethics in Bankruptcy Our play will address the ethical pitfalls faced by the attorneys in the chapter 11 bankruptcy of Casablanca Snow Globes, Inc., a once-thriving manufacturer of world-class snow globes that has fallen on hard times due to cheap foreign competition, changes in consumer taste and unfair TSA regulations. Watch debtor's counsel struggle with whether she represents the debtor or its owner, as well as possible secret connections with the evil empire owned by Boris Badenough. Thrill to Boris's lawyer's problems with his various clients in this case, who are not always aligned (or sane). Our panel of experts will provide commentary on these critical issues, such as (a) who is your client; (b) what to do when clients don't tell the truth; (c) how to fulfill your obligations to be candid with the court; (d) how to avoid sharp lawyering practices; (e) best billing/fee application practices; and (f) conflicts of interest.

A panel of judges will discuss hot topics including the latest developments regarding the absolute priority rule in individual cases, the Supreme Court's decision in RadLAX, developing jurisprudence in the aftermath of Stern v. Marshall and other topical issues.

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

Third-party releases in view of Behrmann v. National Heritage Foundation. Indubitable equivalent in the context of an operating company. In re River Road: what is the future of credit-bidding and indubitable equivalent plans? One impaired class: by plan or by debtor? New issues in pre-packaged plans.

Will bankruptcy courts stay enforcement of springing guaranties post confirmation? The need for one impaired class: should impairment be per case or per debtor? Separate classification of mortgage deficiency claims. New value plans: compare In re Global Ocean Carriers Limited to In re Beal Bank. Does the Till interest rate apply in commercial real estate cases? Indubitable equivalent plans in the real estate context. Implications of RadLAX.

Has TOUSA changed the legal standard for what is reasonably equivalent value? What is the fate of affiliate guarantees? Do lenders now need to investigate the use of the loan proceeds?

Should Stern be applied under a broad or narrow interpretation? Compare In re Bellingham with In re Direct Response Media Inc.

Sales “free and clear”—how far are the courts going under current law, including sales involving IP and patent licenses? Is Precision Industries still alive and well?

Phelps & Rhodes Productions Presents: Trustee and the Badoff Investor Class v. Bigbank—a Mock Trial

A panel discussion of recent opinions, including In re Dynegy Holdings, Tribune and Heritage Highgate Inc., and their effect on examiner and plan confirmation issues. Issues to be discussed include: Examiner Issues including when directors and officers may be liable for restructuring, made especially relevant in In re Dynegy Holdings, and the Examiner's Report issued on March 9, 2012. Other cases to be discussed include Lyondell Chemical Co., Washington Mutual, Lehman Brothers. Select Plan Confirmation Issues including: a. Competing plans, noteholder classification, enforceability of inter-creditor agreements, made relevant in Tribune. b. Elimination of junior liens and valuation issues at plan confirmation, made relevant by the Third Circuit’s recent decision in Heritage Highgate Inc. Participants: Richard J. Corbi, Moderator Lowenstein Sandler PC; New York Eric D. Winston Quinn Emanuel Urquhart & Sullivan LLP; Los Angeles David M. LeMay Chadbourne & Parke LLP; New York Michael J. Viscount Fox Rothschild LLP; Atlantic City, N.J. W. Joshua Brant Cadwalader, Wickersham & Taft LLP; New York