Maine State Approved Sessions

This panel provides an overview of commercial mortgage-backed securities (CMBS) financing and the role of special servicers in a distressed context. The panelists also provide recent insights into the CMBS market and practitioner trends from the panelists’ viewpoints.

This panel explains the Department of Education/Department of Justice Guidance and Attestation process, and discusses the Brunner test and the types of evidence that might be useful to support the statements in an Attestation.

Domestic asset-protection trusts are now available in 20 states. This panel will introduce the concept of domestic asset-protection trusts and discuss their treatment in and out of bankruptcy.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.

This panel will address current ethical topics relating to attorney and client conduct in the context of out-of-court and bankruptcy restructurings.

The existence of multiple bondholders can impose uncertainty and gamesmanship in a contest for economic gain from distressed corporate situations. The paper that they hold rarely tells the whole story; bondholders may have competing investments, undisclosed hedges and varying purchase price discounts that make it impossible to determine their true position. This panel will explore issues related to bondholder-led restructurings and takeovers, including the operation of ad hoc committees, the role of indenture trustees, conflicts, disclosures, subordination and deal structures.

With low energy commodity prices the new reality, E&P companies are being forced to restructure their balance sheets — both in and out of court. This panel will discuss legal issues that are crucial to advising a client in E&P restructurings and how those issues may shape your strategy, including oil and gas leases as absolute conveyances and the protection of royalty-holders; ORRIs, NPIs and production payments; plugging and abandonment liability; M&M liens; borrowing bases under RBL credit facilities; and joint operating agreements.

This panel will address various ethical and substantive issues that can arise when representing consumer debtors.

“So, a lawyer, a judge, and two ABI Presidents walk into a bar….” This panel on professionalism will be designed as a roundtable discussion on professional conduct within the world of bankruptcy. The panelists will discuss ABI’s Principles of Civility and engage the audience in a thoughtful discussion about managing professional relationships with clients, opposing counsel/parties, and the court.