New Mexico State Approved Sessions

This panel will provide a review and analysis of § 1129(a) and (b) confirmation standards focused on recent and hot topic areas affecting senior and junior secured creditors. Discussed will be Momentive Performance issues, including cramdown interest rates at below-market rates even when market rates exist, the extent of the subordination of senior subordinated noteholders, the enforceability of make-whole payment provisions in chapter 11 plans, and intercreditor and cramdown issues.

Municipal Meltdown: Emergency Managers, Receiverships and Other State Law Options for Addressing Municipal Distress

Past Presidents’ Debate: Michael P. Richman Hunton & Williams LLP; New York Deborah D. Williamson Cox Smith Matthews Incorporated; San Antonio Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process. Judicial Debate: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Hon. Frank J. Santoro U.S. Bankruptcy Court (E.D. Va.); Norfolk Resolved: A claim is not impaired for purposes of § 1129(a)(10) if the alteration of the rights in question arises solely from the debtor’s exercise of discretion, because § 1129(a)(10) recognizes impairment only to the extent that it is driven by economic need. Consumer Debate: John Rao National Consumer Law Center; Boston Brett Weiss Chung & Press, PC; Greenbelt, Md. Resolved: The Bankruptcy Rules and Forms should require that a national chapter 13 official plan form be used in all cases.

Preparing for Metamorphosis: Tax Questions Arising from Changes in Debt from Recourse to Nonrecourse (or vice versa) — Bankruptcy Discharges, Anti-Deficiency Statutes and § 1111(b)

Shoveling Through the Dirt of Real Estate Fraud

IP Issues in Bankruptcy Deals

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.

Labor & Employment/Financial Advisors & Investment Banking/Legislation Committees: This panel will address public pension law, including their financial magnitude, and will focus on a number of timely current issues ranging from constitutional matters to state authorization, § 903 and 904 concerns, and relevant legislation. The panelists will draw upon their recent experiences, particularly from municipal bankruptcy cases, to highlight key themes and provide relevant insights.

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.

Inaugural organizational meeting for this new ABI committee focusing on mediation and other ADR methods applied in the bankruptcy process, including conflict-resolution skills development, overcoming impasses, multiparty mediations, confidentiality and more. The committee will consider Model Rules for courts on the use of mediation, mediator qualifications and compensation.