Practice and Procedure

Even before the first discussion in Newport at the 2011 ABI Consumer Forum, practitioners have experienced the difficulties inherent with managing a client with a mental illness or impairment. There can be even more challenges to managing any client matter when an opposing party suffers from a mental illness, especially when that party is self-represented. This panel of experienced practitioners and mental health professionals will discuss the evolving legal and practical issues surrounding mental illness and its impact on the bankruptcy system, as well as discuss methods of remaining calm in what can be an unpredictable and increasingly unavoidable storm.

This panel will explore the basics of chapter 11 cases through the lenses of bankruptcy judges, U.S. Trustees, debtor's counsel, unsecured creditors’ committees and individual creditors. There will also be a particular focus on litigation strategies and skills, as chapter 11 filings continue to be more sale-oriented, resulting in a greater emphasis on claims and avoidance litigation.

This panel will discuss examples of when and how t use valuation opinions and expertise, and the fee structure pitfalls that can impact credibility. When is it appropriate (if ever) to use success fees for valuation opinions.

You'll have to join us to find out what this one is about. Have lunch with several of the judges at the conference; have your questions and comments ready. If you would like to include a boxed lunch ($50/person), please check the appropriate box on the registration form. You may also bring your own lunch, but don't be late!!!!

We will explore the nuts and bolts of motions, scheduling and transcript review of a 2004 examination and the differences between a 2004 examination and a deposition. Learn techniques on prepping a witness for examination, how to handle the hostile witness, which objections should be preserved during the examination, and other tips and pointers to ensure that your examination is successful.

Cross-examination demonstration of financial experts valuing assets (measuring enterprise value by discounted cash flow, the income and cap rate approaches for real estate, and how such methods can be manipulated).

How to manage the public side of a chapter 11 case, dealing with customers, vendors, employees, union members, press, shareholders, etc.; use of websites and public relations firms; FAQs; comfort orders and confidentiality restrictions

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

Professional Development Track: The End Game and How to Get There Utilizing a case-study approach, this panel will provide a primer for young practitioners on the goals, motivations and incentives that key constituents in a chapter 11 case have, and the techniques and strategies used to achieve such goals.