Individual Chapter 11s
Since more individuals have been seeking relief under chapter 11, this panel will explore many of the challenging issues surrounding individual chapter 11 cases and things that practitioners need to know to successfully navigate these kinds of cases, including post-petition expenditures, plan requirements and absolute-priority issues, retention and employment issues, fiduciary duties and related items.
Hot Topic 1: Fraud, Clawbacks and Other Aggressive Recovery Tactics
No asset cases, not so fast. The treasure trove of invisible assets: avoidable transfers, fraud claims, clawbacks and other approaches to finding assets in assetless cases.
Current Developments in Chapter 11
This panel includes practitioners and a distinguished bankruptcy judge who will survey current business bankruptcy developments, including a wide range of issues 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.
The Ins and Outs of DIP Financing: Good Money after Bad (How to Make DIP Financing Better)
This panel will address current developments and improvements in DIP financing, including incurring credit in the ordinary course, priming liens, fairness, adequate protection, loan fees, mootness and good faith.
Very Good Debates
Business Debate
Resolved: Success fees for financial advisors should be eliminated.
(Sides to be chosen by a coin toss at the beginning of the session.)
Candace C. Carlyon
Shea & Carlyon Ltd.; Las Vegas
Frank A. Merola
Stroock & Stroock & Lavan LLP; Los Angeles
Judicial Debate
Resolved: Claims benefiting from third-party guaranties may be separately classified.
Pro: Hon. Barry Russell
U.S. Bankruptcy Court (C.D. Calif.); Los Angeles
Con: Hon. Eileen W. Hollowell
U.S. Bankruptcy Court (D. Ariz.); Tucson
Consumer Debate
Resolved: Section 523(a)(8) limiting discharge of student loans should be eliminated.
Pro: Kasey Cameron Nye
Mesch, Clark & Rothschild, PC; Tucson, Ariz.
Con: Madeleine C. Wanslee
Gust Rosenfeld, PLC; Phoenix
ABI-Live: The § 1111(b) Election, Plan Feasibility and Cramdown Issues
Utilizing a case study, ABI's panel of experts will explore issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility, and voting. The panel will also walk attendees through the necessary mathematical analysis used to analyze these issues.
Circuit Splits and Hot Topics
A panel of judges will discuss current issues that divide the circuits and other hot topics relevant to both consumer and business bankruptcy practitioners.
Asset Sales/Business Reorganization
The Power to Veto Bankruptcy Sales: Sports Leagues and Other Franchisors
Health Care/Real Estate
Real Estate Issues in Health Care Restructurings