Washington State Approved Sessions

If you're looking for black and ethnic minority bankers in senior positions at banks, you'll have to look carefully. And you may not even know that minority banks exist. This panel will include a thought-provoking discussion around diversity and inclusion initiatives based on their personal and professional experience. The goal of the panel is to encourage an open dialogue and educate our attendees on the benefits and challenges of diversity and practical suggestions for achieving a more diverse workplace.

Three bankruptcy judges present difficult issues they have faced and ask you to step into their shoes; to discuss the issues in small groups discussions; and to decide what you might have done in their shoes. What you learn from your colleagues and what the judges then reveal will be interesting, educational, and revealing.

Based on the "Ted Talks" format, presenters will address timely and divisive issues such as rejection of power purchase agreements, the future of oil and gas, venue alternatives and an analytical review of Bankruptcy Appellate Panels reversal and affirmances.  Nellwyn Voorhies Donlin, Recano & Company, Inc.; New York Jurisdictional Battle: Bankruptcy Courts vs. FERC in Rejection of Power Purchase Agreements Theodore E. Tsekerides Weil, Gotshal & Manges LLP; New York Ninth Circuit as an Alternative to SDNY/Delaware Tobias S. Keller Keller Benvenutti Kim LLP; San Francisco Current State and Near Future of Oil and Gas Scott M. Pinsonnault Ankura Consulting Group, LLC; Indian Hills, Colo. Analytical Review of Reversal/Affirmance Rates Between BAPs and District Courts in BAP Circuits Steven D. Jerome Snell & Wilmer L.L.P.; Phoenix

This session will provide an overview of the requirements to file an involuntary bankruptcy case and the advantages and pitfalls that arise from these filings, including petitioner liabilities.

Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.

Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.

This panel will discuss automatic stay and discharge injunction violations arising from withholding property to collect, statutes of limitations, and exceptions to discharge after Husky.

This panel will discuss (a) interactions with clients who have mental health problems, lying clients and unreasonable clients; and (b) spousal conflicts, joint individual and business case conflicts, conflicts that arise when changing firms, and multiple-owner business case conflicts.

This panel will discuss alternatives to formal bankruptcy, including assignments for the benefit of creditors, abstention of a bankruptcy case under § 305, receiverships, state law dissolution and out-of-court workouts.

Blockchain technology has the tech and business sectors abuzz. Legislators, regulators and the judiciary struggle to keep up with the breakneck pace of development. Much of the initial focus has been on Bitcoin, the virtual currency that was the first major blockchain-based application, but interest and activity by both industry and policymakers is quickly shifting toward broader uses of blockchains. A blockchain, also sometimes called a distributed ledger, is essentially an online database that, instead of being controlled by a central authority, is created, managed and used in a decentralized way by its users on a peer-to-peer network. The shared, transparent and unalterable nature of a blockchain creates the perfect environment for the transfer of assets (physical, informational or financial). A blockchain network eliminates the need for a central record system or intermediary to establish ownership and trust, allowing individuals with no previous relationship to exchange such assets in a secure manner. This technology is still in its infancy, but it is fast giving rise to “initial coin offerings” as a new form of raising capital, massive (and wildly speculative) investment in various virtual currencies, and other transformative technologies. Although blockchains’ possibilities are exciting, the uncertainty and instability surrounding many blockchain applications, certainly including cryptocurrencies, is likely to result in significant distressed scenarios requiring specialized knowledge of both this extraordinary technology and insolvency law.