Practice and Procedure

This panel will explore the tension between the fundamental tenets of disclosure and due process in bankruptcy cases and the increasing trend toward confidentiality, whether legitimate or not.

The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules. This panel will discuss the proposed rule changes and the impact they will have on bankruptcy case administration.

A panel of judges will discuss best practices in oral and written advocacy.

"You know the math, but do you know how to win the argument? This panel will address the nuances of supporting your numbers, preparing your rebuttal brief and cross-examination, and providing valuable testimony for your position. We will address the important points in cross-examining your opponent’s position, discuss some of the more interesting recent bankruptcy valuation decisions, and analyze what works and what doesn’t in supporting key assumptions in the valuation process. "

This skills seminar will examine documents that are often used to restructure debt outside of bankruptcy. Learn the purpose and legal underpinnings of the various component parts of frequently used workout documents such as forbearance agreements, intercreditor agreements and restructuring/override agreements. The panel will focus on real-world examples of good and bad provisions of workout documents and will provide drafting tips.

This panel will present strategies and tips for presenting financial evidence in chapter 11 cases. Panelists will discuss the selection, roles and fee arrangements of financial advisors and experts, employment applications/standards under the Bankruptcy Code, disclosure, protecting privilege, opinion testimony, use of demonstrative evidence, witness preparation and more.

This session will take a look at different valuation techniques, including asset approaches, market approaches and income approaches. Concepts such as time value of money, discounted cash flows, determining the discount rate and cost of capital, and terminal value assumptions will be illustrated. Comparable companies and precedent transactions to establish the relative enterprise and equity value of firms will also be examined and discussed.

This panel will discuss how to examine and cross-examine an expert witness and respond to judges. Through a fact pattern/role-playing approach, the panel will cover issues related to valuation and plan confirmation.

This panel will discuss practice tips during the pre-trial discovery period, as well as during the trial itself, related to the handling of evidence and objections thereto; discuss the proper use of post-judgment motions related to reconsideration and requests to amend findings of fact and conclusions of law; explain the appeals process, including motions for stay pending appeal; and explain certain important local rules, as well as updates that have occurred and those that will be coming.