Colorado State Approved Sessions

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.

Dilemmas of Dying Businesses: Practical and Ethical Issues to Consider When Representing Businesses that Are on Death’s Doorstep

Inaugural organizational meeting for this new ABI committee focusing on mediation and other ADR methods applied in the bankruptcy process, including conflict-resolution skills development, overcoming impasses, multiparty mediations, confidentiality and more. The committee will consider Model Rules for courts on the use of mediation, mediator qualifications and compensation.

IP Issues in Bankruptcy Deals

Shoveling Through the Dirt of Real Estate Fraud

Preparing for Metamorphosis: Tax Questions Arising from Changes in Debt from Recourse to Nonrecourse (or vice versa) — Bankruptcy Discharges, Anti-Deficiency Statutes and § 1111(b)

Past Presidents’ Debate: Michael P. Richman Hunton & Williams LLP; New York Deborah D. Williamson Cox Smith Matthews Incorporated; San Antonio Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process. Judicial Debate: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Hon. Frank J. Santoro U.S. Bankruptcy Court (E.D. Va.); Norfolk Resolved: A claim is not impaired for purposes of § 1129(a)(10) if the alteration of the rights in question arises solely from the debtor’s exercise of discretion, because § 1129(a)(10) recognizes impairment only to the extent that it is driven by economic need. Consumer Debate: John Rao National Consumer Law Center; Boston Brett Weiss Chung & Press, PC; Greenbelt, Md. Resolved: The Bankruptcy Rules and Forms should require that a national chapter 13 official plan form be used in all cases.

Municipal Meltdown: Emergency Managers, Receiverships and Other State Law Options for Addressing Municipal Distress