Alabama State Approved Sessions

This panel will discuss the Supreme Court’s decision in Bellingham, the coming decision in Wellness, as well as other topical issues of interest.

Resolved: The absolute priority rule should be eliminated in multi-debtor cases. Speakers: Pro: Hon. James M. Peck (ret.) Morrison & Foerster LLP; New York Con:Hon. Mary F. Walrath U.S. Bankruptcy Court (D. Del.); Wilmington Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate. Speakers: Pro: Carren B. Shulman Sheppard, Mullin, Richter & Hampton LLP; New York Con: Paul S. Singerman Berger Singerman, LLP; Miami Resolved: Creating mandatory claim mediation in mega-cases for all creditors should not be permitted as an unnecessary and inappropriate cost on smaller creditors. Speakers: Pro: Brian L. Shaw Shaw Fishman Glantz & Towbin LLC; Chicago Con: Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP; New York

Asset Sales/Secured Credit Committees: This panel will debate the controversial proposal being considered by the ABI Commission to Study the Reform of Chapter 11 to assess a charge or hold-back on secured lenders for a § 363 asset sale, including the pros and cons, mechanics, application in various circumstances, consequences and policy issues.

Health Care/Young & New Members Committees: Health care is a key area in which restructuring work is likely to grow significantly in the coming years. This panel will focus on the basics that professionals should know when it comes to handling bankruptcies and restructurings in the health care industry. The panel will also address tips and strategies as to how professionals can develop health care-related work.

Labor & Employment/Financial Advisors & Investment Banking/Legislation Committees: This panel will address public pension law, including their financial magnitude, and will focus on a number of timely current issues ranging from constitutional matters to state authorization, § 903 and 904 concerns, and relevant legislation. The panelists will draw upon their recent experiences, particularly from municipal bankruptcy cases, to highlight key themes and provide relevant insights.

Business Reorganization/Bankruptcy Litigation Committees: This panel will discuss the current trends in white-collar criminal and securities law issues by examining such past cases as Drexel, Adelphia and GSC.

Educational Session of Committees: The Bankruptcy Code provides enhanced and often unique opportunities to resolve tax issues faced by distressed businesses and individuals. Our program will provide a primer on how to address tax issues before and after filing for bankruptcy relief, followed by a discussion on significant tax problems faced by business and consumer debtors.

Ethics & Professional Compensation/Real Estate Committees: This panel will explore various ethical issues that often arise in a single asset real estate bankruptcy case from the perspectives of the debtor, secured creditor and bankruptcy judge — via an entertaining and interactive fictional case study.

Commercial Fraud/Mediation Committees: This mock mediation of commercial fraud litigation will utilize the talents of several of the leading mediation experts in the country. This program will demonstrate best practices in representing parties in mediation, as well as highlight key practice pointers for all involved in an effective mediation process.

Once again, dear fans, Boris Badenough is involved in a hot chapter 11 case — this time involving Time & Lord, the owner of a failed movie franchise, “Fat Contests” (based on the book of the same name about an eat-to-the-death contest involving ordinary citizens in a future ruled by junk-food companies). Boris’s wife, Sophia, has been retained by Dallick Capital, the debtor’s investment banker, to handle the sale of the debtor’s intellectual property. However, Tardis Industries, a potential purchaser and creditor, has a problem with Dallick’s disclosure related to Sophia in its employment application. Further, the debtor’s lead counsel, Ciber & Mann PSC, may also have some disclosure issues as one of Boris’ subsidiaries, Master Industries, is one of their clients — and Boris is now interested in buying the debtor’s intellectual property. Will Sophia remain true to her fiduciary duty to her client, or will she give Boris the deal of the century, and will everyone give disclosure a chance?