Arizona State Approved Sessions

Lawyers representing mortgage creditors, car creditors and unsecured creditors in consumer chapter 7 and 13 cases are familiar with the routine actions they can take to protect their clients (e.g., move to lift the stay, file proofs of claims and analyze disposable-income issues). But what actions can they take to protect their clients when an individual or small business debtor files chapter 11? What strategies and considerations should secured creditors use to decide whether to move to lift the stay? How active should unsecured creditors be in a chapter 11 before the debtor files a plan of reorganization? What strategies and considerations go into creditors’ evaluations of and voting on the debtor’s plan of reorganization? What initial issues do creditors’ attorneys need to think about when they receive notice of a chapter 11 petition, and how do these issues differ from the initial issues they need to think about when they receive a notice of a chapter 7 or 13 petition? Are proofs of claims handled differently in chapter 11, and if so, how? How do you explain the options to your client and manage your client’s expectations in chapter 11 so that they understand the potential costs and time involved?

Many consumer bankruptcy lawyers now find themselves filing chapter 11 petitions for individuals and small businesses, but chapter 11 cases are different than chapter 13 cases. This session will focus on the basics of filing and handling a chapter 11 case, including who is eligible to file a chapter 11 petition, the reasons to file chapter 11 rather than chapter 7 or 13, the ongoing reporting responsibilities of a debtor in possession, what goes into the preparation of a plan of reorganization and disclosure statement, how a chapter 11 plan differs from a chapter 13 plan, how the process of balloting on the plan of reorganization works, the requirements that must be met to confirm a plan of reorganization, and the time frames that govern the handling of chapter 11 cases.

This session will use a common fact pattern and feature demonstrations of arguments and examinations regarding such evidentiary issues as whether a witness may appear by telephone, video or deposition; admissibility of expert testimony on value; whether an expert may rely on the testimony of other experts; when lay witness testimony on value may be admissible; and demonstrations of examinations of experts and nonexperts regarding valuation and other common issues that arise in evidentiary hearings. By extensively using role play, this session will create real settings for consumer bankruptcy attorneys to help them handle evidentiary hearings in bankruptcy court.