Committee Educational Session: The Future of Asset Sales: To Surcharge or Not to Surcharge
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.
Committee Educational Session: Health Care 101: What You Need to Know About Restructuring in the Health Care Industry
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.
Committee Educational Session: Criminal Intent: White-Collar Criminal and Securities Law Issues in Bankruptcy Cases
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.
Committee Educational Session: Resolving Tax Issues in Bankruptcy Court
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.
Committee Educational Session: Ethical Implications in SARE Cases
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.
Committee Educational Session: Alfred Peacock v. The Squab Family: Can Mediation Save the Golden Goose?
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.
Great Debates!
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