ABI Workshops

Panel #1 Financing and Restructuring Alternatives Available to Distressed Borrowers Prior to Filing for Bankruptcy; Will Include a Market Overview of the Current Lending Environment Panel #2 The Restructuring Process, Including DIP Financing in Bankruptcy and Emergence Lending Options and Opportunities

Commission Recommendations on Resolving Court Splits: Coming Soon to a Judicial Opinion Near You ABI's Commission to Study the Reform of Chapter 11 identified more than 30 splits in case law on important issues. Such a split of authority results in delay, increased litigation costs and above all, uncertainty -- imposing a kind of "ambiguity tax" on the system, as one witness put it in testimony before the Commission. The recommendations contained in the Commission's final report, in many cases, can be implemented by judicial opinion at the bankruptcy court or court of appeals level, without need for action by Congress. This program featuring some of the most experienced and thoughtful judges on the bench today, will assess the Commission recommendations, and identify some that might be effected soon.

a. terminations (convenience/default) b. effect of FAR bankruptcy clause c. subprime/prime issues: rights of the subcontractor when the prime contractor files d. novation e. assignment of government contracts receivables f. effect of Assignment of Claims Act/UCC Speakers: Lawrence P. Block Stinson Leonard Street LLP; Washington, D.C. Hilary S. Cairnie BakerHostetler; Washington, D.C. Lawrence Sher Reed Smith LLP; Washington, D.C. Holly E. Svetz Womble Carlyle Sandridge & Rice, LLP; Tysons Corner, Va. Janet M. Nesse Stinson Leonard Street LLP; Washington, D.C. Christopher J. Giaimo BakerHostetler; Washington, D.C. Prof. Sally M. Henry Texas Tech University School of Law; Lubbock, Texas Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.