Arizona State Approved Sessions

11This panel will discuss practical considerations in addressing wholly unsecured junior mortgages, determining the amount of senior mortgages, timing of valuations and the burden of proof.

John W. Lucas, Moderator Pachulski Stang Ziehl & Jones LLP; San Francisco Judicial Debate Resolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls). Pro: Hon. Randall L. Dunn U.S. Bankruptcy Court (D. Or.); Portland Con: Hon. Madeleine C. Wanslee U.S. Bankruptcy Court (D. Ariz.); Phoenix Business Debate Resolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium Pro: Lori Sinanyan Jones Day; Los Angeles Con: Michael H. Strub, Jr. Irell & Manella LLP; Newport Beach, Calif. Consumer Debate Resolved: Attorneys should be permitted to unbundle services under an engagement agreement with a consumer debtor. Pro: Samuel A. Schwartz The Schwartz Law Firm, Inc.; Las Vegas Con: John R. Bollinger Boleman Law Firm, P.C.; Hampton, Va.

This panel will address disclosure issues relating to disinterestedness, compensation and reimbursement requirements, compensation of fees incurred defending fee applications, and flat-fee arrangements between chapter 7 debtors and counsel, and other issues.

This panel will discuss the first-day orders necessary to keep a casino open (including regulatory interplay), including motions related to chips, loyalty programs and progressive play. Featured will be a discussion of the issues related to valuation and the extent of security interests, including cash as proceeds of gaming collateral and perfection of bankroll, along with issues related to plan confirmation and § 363 sales,‎ including regulatory limitations and protection of customer lists.

While case flings are down, the disputes that rage on in the cases have continued on. The panel will address three (3) selected litigation issues impacting the process: (a) Discovery Matters In Bankruptcy Cases – “Get to the point, get there quickly, get there cost effectively, and get the facts and documents organized”; (b) Expert Witness Matters – “If they know more than you, they must be an expert – right?” Bankruptcy Judges are becoming more discriminating (and more selective) in who and what is a proper expert and the purview of expert testimony. The panel will discuss and explore the Daubert criteria for experts, and discuss practical and strategic issues related to the effective use of expert testimony in bankruptcy litigation; and (c) Examiner Reports In Bankruptcy Litigation – we paid a lot of money and used up a lot of time on this report – now what? The legal and strategic issues related to examiner reports in bankruptcy cases.

This year’s hot topics will include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7. The panel will discuss a new Ninth Circuit BAP decision, one of only two in the country, concerning the dischargeability of certain student debts to for-profit institutions, as well as an emerging trend of using the Eleventh Circuit Crawford decision and the FDCPA to challenge “stale” proofs of claim for student debt. The presentation will address lenders refusing to retake abandoned collateral, as well as conflicting results from disposable-income tests, and other issues that will be of interest to those representing parties in consumer cases.

This panel will address a variety of issues in chapter 11 cases, including cramdown interest rates, credit-bidding and equitable mootness, among other issues.

This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.

This panel will address various pre-bankruptcy planning issues for counsel to consider in preparing corporate or individual debtors for a filing of a case under chapter 7 or 11. Featured will be a discussion on legal, ethical and practical considerations in connection with the initial interviews of potential debtors, preparation of the bankruptcy filing, and preparation of the debtor for what is to follow once a case is commenced.