Business Reorganization

This nuts-and-bolts panel will cover the mechanics of § 363 sales, featuring discussions on pros and cons, current trends and recent cases, with a particular focus on credit-bidding (Fisker, Philly News and Free Lance-Star) and challenges to free-and-clear-sales (GM, Chrysler, Energytec).

This panel will present the current trends in the industry, where the work is and isn’t, and where it may be in the future.

A panel of judges will discuss recent bankruptcy cases that impact business practitioners.

Any Midwest attorney is likely to represent a client in Delaware or the S.D.N.Y. at some point. For example, you're likely to have clients facing claims litigation, trying to preserve executory contact or lease rights, or facing a preference complaint. Would you like a crash course in representing your clients in these districts and practice like you have years of experience in front of these courts? If so, please join us for a program that will cover the most common situations a Midwest attorney might encounter. You’ll learn practice pointers, traps for the unwary and other rules (both black-letter and unwritten practices). This program will give you an edge when representing your clients in S.D.N.Y./Delaware cases and will assist you in delivering value, bringing home good results — and keeping your clients happy.

Consumer Debate Resolved: Limited-scope representation should be allowed in consumer bankruptcy cases. Brian T. Fenimore 102536, Moderator Lathrop & Gage LLP; Kansas City PRO: Theresa V. Brown-Edwards 211813 DARBY | BROWN-EDWARDS LLC; Wilmington, Del. CON: Hon. Robert D. Berger 185770 U.S. Bankruptcy Court (D. Kan.); Kansas City Business Debate Resolved: Bankruptcy judges are authorized to do structured dismissals in chapter 11 bankruptcies. Brian T. Fenimore 102536, Moderator Lathrop & Gage LLP; Kansas City PRO: G. David Dean, II 222886 Cole, Schotz, Meisel, Forman & Leonard, PA; Baltimore CON: T. Patrick Tinker 545420 Office of the U.S. Trustee; Wilmington, Del. Judicial Debate Resolved: A debtor can force a secured creditor to accept title to its collateral pursuant to a plan that provides for its surrender or vesting in that creditor. Brian T. Fenimore, Moderator Lathrop & Gage LLP; Kansas City PRO: Hon. Robert E. Nugent 105973 U.S. Bankruptcy Court (D. Kan.); Wichita CON: Hon. Arthur B. Federman 102540 U.S. Bankruptcy Court (W.D. Mo.); Kansas City

This panel will explore key issues via a live demonstration of a confirmation hearing. Learn what evidence is required to confirm a plan, and how to present and cross-examine experts in connection with feasibility. How would you rule?

This panel will survey current business bankruptcy developments, including issues ranging from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.

This panel will survey tricky issues involving eligibility, good-faith filings, small business bankruptcies and single-asset cases.

Judicial Debate RESOLVED: Bankruptcy Code section 307 and the corresponding Federal Rules of Bankruptcy Procedure should be amended to permit the Court to limit the role of the United States Trustee in corporate chapter 11 cases for cause upon motion of an Official Committee of Unsecured Creditors appointed in the case. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: Hon. Peter W. Bowie 184974 U.S. Bankruptcy Court (S.D. Cal.); San Diego Con: Hon. August B. Landis 108698 U.S. Bankruptcy Court (D. Nev.); Las Vegas Business Debate Resolved: Municipalities should not be permitted to modify pension benefits in chapter 9. Mitchell Ryan 203605,Moderator Rust Omni; Orange, Calif. Pro: Sharon L. Levine 104784 Lowenstein Sandler LLP; Roseland, N.J. Con: James H.M. Sprayregen 100999 Kirkland & Ellis LLP; Chicago Consumer Debate Resolved: Trustees should not be permitted to sell property where there is no equity for the estate. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: C.R. "Chip" Bowles, Jr. 103012 Bingham Greenebaum Doll LLP; Louisville, Ky. Con: Ford Elsaesser 105080 Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

HOSTED BY: SECURED CREDIT COMMITTEE Make-whole provisions in loan documents, which compensate lenders for the loss of future interest payments when a borrower voluntarily prepays its debt, and no-call provisions, which prohibit the prepayment of debt before maturity, can greatly affect distributions to creditors in bankruptcy. The enforceability of these provisions has given rise to extensive litigation in such cases as AMR Corp. (American Airlines), School Specialty, GMX Resources and Chemtura. This 75-minute webinar will review recent decisions and the current state of the law concerning make-whole and no-call provisions. Key takeaways that practitioners should be aware of when drafting these provisions will also be discussed. SPEAKERS Charles Reardon Asgaard Capital LLC Vienna, Va. Stanley B. Tarr Blank Rome LLP Wilmington, Del. Andrew V. Tenzer Paul Hastings LLP New York