South Dakota State Approved Sessions

Two litigants will argue plan confirmation issues before a panel of three judges. These issues may include treatment of make-whole premiums, cure and reinstatement to avoid payment of default interest, plan releases and exculpation, whether multiple debtors must each satisfy § 1129 requirements in a nonsubstantively consolidated plan, plan settlements, post-petition lock-up agreements, the dischargeability of unknown claims, death traps and gifting.

This panel will discuss a variety of issues surrounding the use of plan-support agreements, including their structure, goals and benefits, their impact on non-signatories, disclosure and solicitation issues, lessons learned from recent cases (Innkeepers and Indianapolis Downs), and the applicability of plan-support agreements in middle-market cases.

Following an introductory video clip about the dangers of social networking in litigation, a panel featuring a judge, a trustee and a practitioner will lead a discussion on the inherent risks in using social networking, some of the ethical issues involved, and suggestions for how to manage these business and ethical risks that are associated with the ever-changing world of social networking.

Your pleadings and briefs are the first, often the last and typically the most comprehensive opportunity you have to persuade a court. This panel will provide you with essential guidance for effective and persuasive written advocacy at both the trial and appellate levels.

Nothing Is Impossible: The Complex Requirements and Ethical Duties of Representing Chapter 11 and/or Chapter 13 Consumer Debtors

Financial Advisors Track: How to Be a Successful Expert

Chapter 11 Track: Mock Hearing—DIP Financing and 363 Sales Two experienced chapter 11 counsel will conduct a mock argument before a three-judge panel on key issues that arise in the approval of DIP financing and approval of a 363 sale. DIP hearing issues will include roll-ups, liens on avoidance actions, expedited sale procedures, 506 waiver, no committee carve-out, no plan without lender’s consent, and enforcement of subordination agreements. Sale issues will include assumption and assignment or rejection of IP licenses, as well as the rights of junior lienholders to block sales where not paid in full.

Chapter 11 Track: The § 1111(b) Election, Plan Feasibility and Cramdown Issues Utilizing a case study, this panel will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), feasibility issues, voting issues and solid mathematical analysis.

Professional Development Track: Advancing in the Restructuring Profession This panel of well-known and respected department heads will offer advice to young professionals on how to advance in their careers. From rainmaking to servicing clients to becoming involved in professional organizations, the panelists will offer practical tips that helped guide them in their career advancement.

Professional Development Track: The Dos and Don’ts of Effective Oral Advocacy