Missouri State Approved Sessions

Sponsored by AEGIS Law

A judge, chapter 13 trustee and bankruptcy attorney will discuss how to help chapter 13 debtors succeed in chapter 13 despite increasing asset values, increased loan balances and increased expenses. This panel will delve into such issues as creating feasible plans with debtors’ ever-tighter budgets, instilling flexibility in the bankruptcy system, and dealing with asset appreciation. The panelists also will discuss options for cases that are running long in light of the Kinney decision, along with other issues that can arise.

Sponsored by Holland & Knight LLP

This panel will discuss UST authority in appointing committees, venue impact on committee appointment and committee composition, when it makes sense to have two committees and when it does not, and the retention of professionals or substantive contributions. The panelists also will discuss the scope of Rule 2004 examinations post-confirmation.

This session will focus on several of the Model Rules of Professional Conduct, including 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.4 (Communications), 1.6 (Confidentiality of Info.), 1.7 (Conflict of Interest: Current Clients), 1.18 (Duties to Prospective Clients), 3.3 (Candor to Tribunal), 3.4 (Fairness to Opposing Party and Counsel) and 7.3 (Solicitation of Clients). The panelists will also discuss many current ethical challenges, including ethical issues in subchapter V, future claimants' representative (FCR) standards, remote proceedings and witness testimony, and client authority.

This panel will discuss pre-appeal considerations, final or interlocutory orders, stays pending appeal, perfecting an appeal, appellate briefs, and direct appeals to circuit courts.

Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors. RESOLVED: That a bankruptcy is filed in good faith where the debtor is not otherwise in immediate financial distress and appears to have the liquidity to pay its creditors in full, but where the case is filed because of the debtor is a defendant facing a deluge of tort claims that could at some point threaten the debtor’s business and where the debtor believes that the mechanism for liquidating those claims through a trust created under a plan of reorganization will be fairer and better for all parties than the results that would otherwise obtain in the tort system. RESOLVED: That a bankruptcy court may approve a DIP financing agreement that incorporates the milestones set out in a restructuring support agreement, that provides that (a) the debtors will propose a plan that provides specified treatment to the Supporting Parties, which treatment is materially the same as the plan provides to similarly situated creditors; (b) obligates the Supporting Parties to vote in favor of the debtor’s plan and to vote against any competing plan; and (c) provides that the Supporting Parties (and only the supporting parties) will provide exit financing to the Reorganized Debtors, at rates and fees that exceed prevailing market terms.

This session will cover a number of confirmation hot topics, including the allowance of unmatured interest (Hertz), makewhole provisions, private sponsor liability risk (In re ASHINC Corp.) and D&Os (Toys “R” Us litigation).

Filing a bankruptcy petition is not always a viable option or the best solution. This panel will explore alternative avenues for distressed companies, including receiverships, assignments for the benefit of creditors and Article 9 foreclosures, as well as when a bankruptcy filing is the most effective tool. Learn what factors should be considered in evaluating the various options and what the benefits and drawbacks of each alternative are.

This panel of Eighth and Tenth Circuit bankruptcy judges will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.