Video

The mock valuation trial will be a battle to remember pitting the public shareholders against the Debtor, its hedge fund DIP lenders and plan sponsors, and even the Creditors' Committee in order to preserve their equity value. The trial will be based on the case of Horsehead Holding Corp., Case No. 16-10287 (Bankr. D. Del.), and the hotly contested valuation dispute over plan confirmation. Everything you wanted to know about valuation methodologies, risk premiums, beta, debt/equity ratios, direct and cross examination strategies, expert testimony practice tips, and even commodity forecastinga"it's all here.

Experienced bankruptcy attorneys will argue cases before Judge Margaret Mann. She will preside, inquire and explain the analytic process leading to her decisions. The panelists will present topics such as new developments regarding the initial transferee defense to a preference allegation and the right of litigants to legal fees in bankruptcy litigation.

This panel will discuss how venue (and proposed venue law changes) impacts everyday practice, particularly for younger lawyers. The panel will also have a candid discussion of venue-related concerns such as local counsel requirements, accessibility of courtroom staff, telephonic particiations and the impact on appellate practice

Join a judge, trustee, and consumer practitioner as they discuss how to view problems in consumer cases with a new lens. ATopics include using savings to assist a debtor's fresh start, obtaining relief from prior orders, and professionally dealing with aggressive parties (even sometimes the judge).

This panel will explore key bankruptcy issues concerning the lawyer’s obligation to be “disinterested” and free from having adverse interests. How do these bankruptcy issues relate to the Model Rules of Professional Conduct, including RPCs 1.6 (“Confidentiality of Information”), 1.7 (“Conflict of Interest: Current Clients”), 1.9 (“Duties to Former Clients”), 1.18 (“Duties to Prospective Clients”), 3.3 (“Candor Toward the Tribunal”) and 4.1 (“Truthfulness in Statements to Others”)? The panel will also address the current state of affairs with respect to the allowance of fees incurred in defending fee applications and the use of in-camera disclosures in conjunction with retention-related issues.

This panel will explore current topics of interest involving third-party releases, including issues regarding: "deemed consent" of releasing parties; the scope of third-party releases; and the impact of jurisdictional or constitutional limits on bankruptcy courts to approve non-consensual third-party releases.

Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach. Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.

This panel will discuss safe harbors after Merit Management, the reach of the UFTA after Crystallex, and the preemption of creditor claims after Tribune and Physiotherapy Holdings, and will take a look at where the law is heading.

This session will discuss hot-button issues relating to claims trading, including the Supreme Court’s ruling of nonstatutory insider status as clear error, as opposed to de novo (In re The Village at Lakeridge LLC); eligibility to vote an assigned claim (In re ASHINC Corp. and In re LightSquared Inc.); disallowance of a transferred claim subject to preference challenge (In re K-B Toys); and other legal issues common to claims trading and litigation finance in bankruptcy.

This session will cover a number of recent confirmation hot topics, including refinancing of secured loans in bankruptcy (BOKF NA v. Momentive Performance Materials Inc..); rights offerings and unfair discrimination (In re TCI 2 Holdings LLC); substantive consolidation with nondebtors (In re Archdiocese of St. Paul and Minneapolis); and per plan, not per debtor, confirmation (In the Matter of Transwest Resort Properties Inc.).