Nevada State Approved Sessions

Lien-stripping, short sales and other contested confirmation issues will be highlighted.

This panel is part of our continuing series on drafting skills for bankruptcy and restructuring attorneys. The panel is intended to provide a practical “how to” discussion and analysis of drafting chapter 11 plan documents including the Disclosure Statement, the Chapter 11 Plan, Liquidating Trust Agreements, and related document. The panel will provide form documents and discuss heavily negotiated or scrutinized provisions in these documents.

This panel will highlight problems with loan documentation and transfer, escrow issues in proofs of claim and post-petition, proliferation of automatic stay and discharge violation litigation, and the impact of regulatory developments in the treatment and servicing of mortgage loan claims.

This panel will focus on the possible consequences of ASARCO, Wellness, and Bank of America v. Caulkett

Find out not only what the hot new issues are in chapter 15 proceedings, but also the answers to issues that no one talks about. For example, can chapter 15 be used to bring a cause of action? Can a foreign debtor recognized under chapter 15 use § 108 to extend limitations, and can such a debtor seek turnover pursuant to § 542(e)? Come hear our panel discuss these and other important chapter 15 questions.

This panel will discuss how lawyers and FAs can work together in creating clear client expectations by defining for the client both the lawyer’s and FA’s work scope. Additionally discussed will be the fee structure involved in the retention of FAs both as company advisors and expert witnesses. Finally, this panel will explain in detail what can be done to make our mutual clients happy with both the lawyers and FAs in the obtained results.

Commission Recommendations on Resolving Court Splits: Coming Soon to a Judicial Opinion Near You ABI's Commission to Study the Reform of Chapter 11 identified more than 30 splits in case law on important issues. Such a split of authority results in delay, increased litigation costs and above all, uncertainty -- imposing a kind of "ambiguity tax" on the system, as one witness put it in testimony before the Commission. The recommendations contained in the Commission's final report, in many cases, can be implemented by judicial opinion at the bankruptcy court or court of appeals level, without need for action by Congress. This program featuring some of the most experienced and thoughtful judges on the bench today, will assess the Commission recommendations, and identify some that might be effected soon.

Join a distinguished group of panelists involved in the hiring — and firing — of bankruptcy professionals. Hear how you can serve clients better and make them want to work with you.

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters to be discussed will be timely issues involved in preference actions, including both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.