Utah State Approved Sessions

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. This panel will present key finds as submitted to Congress and includes several members of the Commission and the official reporter.

Jeffrey N. Pomerantz, Moderator ABI Vice President-Education Pachulski Stang Ziehl & Jones LLP; Los Angeles Resolved: Curbing pension rights in a chapter 9 case is constitutional. Con: Babette A. Ceccotti Cohen, Weiss & Simon LLP; New York Resolved: Committee member fees are not payable as part of a Chapter 11 plan. Pro: Nan Roberts Eitel Executive Office for U.S. Trustees; Washington, D.C. Con: Dennis F. Dunne Milbank, Tweed, Hadley & McCloy LLP; New York Resolved: A chapter 13 debtor may employ § 363 to effect a free-and-clear short sale of his/her principal residence notwithstanding § 1322(b)(2) and the secured creditor’s objection. Pro: Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago Con: Hon. Mary Grace Diehl U.S. Bankruptcy Court (N.D. Ga.); Atlanta

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.

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.

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.

This panel will address various pre-bankruptcy planning issues for counsel to consider in preparing corporate or individual debtors for a filing of a case under chapter 7 or 11. Featured will be a discussion on legal, ethical and practical considerations in connection with the initial interviews of potential debtors, preparation of the bankruptcy filing, and preparation of the debtor for what is to follow once a case is commenced.