New Hampshire State Approved Sessions

This expert panel will discuss different approaches to business development, including lawyer advertising, law firm websites, social media, beauty contests and wining and dining, and factors that may influence the effectiveness of various approaches. Examples will be used to illustrate business-development methods and explain how the Model Rules of Professional Conduct apply to the methods being discussed.

While financial and economic issues generally dictate whether a restructuring is likely to be successful, the success of a restructuring often will be meaningfully impacted, either positively or negatively, by more intangible factors that are at play. This presentation will examine the ways in which restructuring professionals, rather than the company’s balance sheet and industry outlook, may materially affect the restructuring landscape, including how such professionals approach financial and operational distress, prepare the restructuring game plan, communicate with the client and its stakeholders, and generally manage the restructuring process. Restructuring professionals’ adherence to applicable ethical obligations and professionalism best practices are critical to this process. Learn the essential “dos” and “don’ts” and other “rules of the road” for professionals in restructurings.

This panel will present a detailed look at filing foreclosures, state law defenses and post-judgment foreclosure matters, and when to file bankruptcy in the process.

This panel features leading professionals in the chapter 11 practice area who were directly involved in the Jevic chapter 11 case, as well as a distinguished retired bankruptcy judge. This session will cover the underlying Jevic chapter 11 case, the Supreme Court’s opinion in Jevic and its impact on chapter 11 practice, and strategic alternatives in light of the decision.

This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be estopped from challenging a claim, and when you should ask for relief to return to state court.

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

This panel will discuss current trends and recent decisions in cash collateral usage, debtor-in-possession financings and exit financings, including strategies for effectively negotiating such financing arrangements, best practices and addressing common objections.

This session will focus on providing a framework to help mid-level professionals develop a plan for advancement in the bankruptcy and restructuring industry, including best practices for developing and maintaining client relationships, creating a personal brand, navigating intra-firm politics, identifying opportunities for growth, and the use of business and personal networks to achieve career goals.

This panel will discuss the best practices for drafting motions and briefs and presenting those filings to the court when they are contested and uncontested. The panelists also will discuss the pitfalls to avoid when drafting motions and briefs and presenting those pleadings to the court.

The Frank W. Koger Lecture was established by Frank W. Koger, UMKC JD '53, and Mrs. Jeanine Koger to enhance the understanding of commercial and bankruptcy law among students at the UMKC School of Law. Judge Koger was appointed as a bankruptcy judge for the United States Bankruptcy Court for the Western District of Missouri in 1986. In 1996, he was appointed to the newly formed Bankruptcy Appellate Panel for the Eighth Circuit, and served as its first Chief Judge until his death in 2003.