South Carolina State Approved Sessions

With the economic challenges over the past five years, the lending landscape has changed dramatically. The boundaries for commercial and alternative lenders have changed, and borrowers’ options for financing are continuing to develop. Learn what commercial and alternative lenders can (and cannot) do for a borrower and how financing structures have become more creative to fit the needs of borrowers. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

A Preview of upcoming Supreme Court bankruptcy cases, featuring ABI Resident Scholar Kara Bruce talking with Eric Brunstad of Dechert LLP (Hartford, Conn.) to preview the bankruptcy cases that the Supreme Court will consider during its 2013 term. Brunstad, who has argued many cases before the Court and is an expert in bankruptcy appellate practice, discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. He also provides a candid view of what it is like to argue a case before the Court and an in-depth analysis of the issues involved with the upcoming cases. Here is a short preview:

This panel will explore issues that arise during the operation of commercial chapter 7 cases and how they are being addressed by bankruptcy judges, trustees and attorneys.

This panel will focus on the twists, turns and strategic, tactical and litigation considerations that arise in 363 sales of substantially all of a chapter 11 debtor’s business assets, including the special challenges posed by the sale of a professional services firm.

This panel will discuss recent trends and views on various issues that arise in an out-of-court workout, as well as various strategies that can be employed in a bankruptcy case—all from the lender’s perspective. The panel will also explore the latest developments in DIP financing.

This panel will explore the basics of chapter 11 cases through the lenses of bankruptcy judges, U.S. Trustees, debtor's counsel, unsecured creditors’ committees and individual creditors. There will also be a particular focus on litigation strategies and skills, as chapter 11 filings continue to be more sale-oriented, resulting in a greater emphasis on claims and avoidance litigation.

This panel will discuss examples of when and how t use valuation opinions and expertise, and the fee structure pitfalls that can impact credibility. When is it appropriate (if ever) to use success fees for valuation opinions.

This panel will discuss recent Supreme Court cases.

This panel will re-examine the statutory bases for venue, proper and improper, as well as recent and past case law applying those statutory provisions to either keep a case where it was filed to to transfer it to a different district.