California State Approved Sessions

This panel will discuss the value and involvement of financial advisors and investment bankers in successful § 363 sales, as well as strategies for working with financial advisors and investment bankers to navigate negotiations of § 363 sale terms, maximizing recoveries, and handling ethical issues that may arise in § 363 sales.

This panel will focus on drafting skills for bankruptcy and restructuring attorneys. It is intended to provide a practical “how to” discussion and analysis of negotiating and drafting chapter 11 sale documents and pleadings, including asset-purchase agreements, bid-procedure motions and orders, sale motions and orders, and related documents. The session will also provide form documents and discuss heavily negotiated or scrutinized provisions.

Real Estate is red-hot right now — which means it’s an attractant for both the savvy investor and the fraudster. Don’t miss getting the inside scoop on the law and insights from other perspectives concerning the latest schemes and themes in real estate fraud and bankruptcy. A panel of experts with varying professional backgrounds will discuss the various forms of fraudulent schemes involving real estate pre- and post-bankruptcy, how to sniff out irregularities using various accounting and forensic tools, what to do once you realize your client has a problem (whether debtor or creditor), and how to safeguard your clients and cases from future problems.

This panel will explore the efforts being taken to use blocking provisions in corporate and company organizational documents to limit the possibility of a bankruptcy filing, and will discuss the importance of independent board members in various transactions throughout the duration of a chapter 11 case and financial distress.

How Clear is “Free and Clear” under § 363? You’re a Real Character: When Can Debt Be Recharacterized as Equity? How Can I Get a One of Those: A Third Party Release? A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel will discuss recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.

This program will explore (i) how courts have implemented recent rules dealing with e-discovery; (ii) TAR and other software tools to manage e-discovery; and (iii) unique e-discovery issues in bankruptcy cases and adversary proceedings.

Panel discussion of issues affecting your consumer clients: consequences of assumption and rejection of executory contracts; Chapter 13 update; the incapacitated client; undisclosed assets; proofs of claim and FDCPA; TCPA; revisions to Bankruptcy Rules; advising your clients on post-discharge liabilities; report on the ABI Consumer Commission’s Chapter 7 Committee.