abiLIVE Webinars

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.

Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.

The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception. This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more. Most importantly, the panel will assess the practical effects and foreseeable impact of implementing these recommendations. This webinar is a must-attend for attorneys who regularly represent creditors, liquidating trustees, and panel trustees in preference actions.

As a result of falling energy prices, experts expect bankruptcy filings in the energy sector to increase, especially those in the oil and gas industry. Bankruptcy cases involving energy companies raise unique issues due to the interplay among the Bankruptcy Code, federal and state laws, the regulatory structure governing the energy industry, and the political and practical realities of the industry’s significance on national, regional and local levels. This webinar will explore the unique challenges that can arise in a § 363 sale of the assets of a business involved in the energy industry, with a particular emphasis on oil and gas bankruptcies.

This ABI Live Webinar — New Developments in Student Loans: Need to Know — will focus on three areas: dischargeability litigation, treatment in Chapter 13 and the status of student loans as a national economic crisis. Presented by members of ABI’s Consumer Committee, the webinar will include perspectives from both the debtor and lender sides, offering practitioners valuable balanced insights that they can use in their daily practice.

Presented by ABI's Labor and Employment Committee, this webinar will address current employee- and labor-related issues in chapter 11 and out-of-court restructurings, including: (a) whether private-equity sponsors may be subject to pension fund withdrawal liability under ERISA in light of the First Circuit’s Sun Capital decision; (b) whether pension plan withdrawal liability is entitled to administrative claim status; and (c) the status of the Pension Benefit Guaranty Corporation’s moratorium on 4062(e) enforcement. Attorneys and other restructuring professionals who deal with the PBGC will learn about current developments in this dynamic and changing area of law, which plays an important role in many reorganizations today.

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. In this 90-minute webinar, several members of the Commission and the official reporter will present the key findings as submitted to Congress. Written materials will be provided.

PRESENTED BY: Ethics & Professional Compensation Committee On Oct. 2, 2014, the U.S. Supreme Court granted certiorari in Baker Botts LLP v. ASARCO LLC, No. 14-103. Baker Botts, which represented debtor-in-possession ASARCO LLC in one of the largest and most complex chapter 11 bankruptcy cases ever, obtained a fee award from the bankruptcy court of $113 million for fees and costs, $4.1 million as an enhancement, and $5 million for defending its fee application. On appeal, the Fifth Circuit Court of Appeals reversed the $5 million award for defense of the fee application. Citing In re Pro-Snax Distributors Inc., 157 F.3d 414 (5th Cir. 1998), and Bankruptcy Code § 330(a)(3), (4) and (6), the Fifth Circuit held that compensation for defending fee applications was not allowable where the services provided were not likely to benefit the debtor’s estate or necessary to the administration of the estate. The ruling deviates from prior Ninth Circuit rulings. Would a ruling barring professionals from being compensated for successfully defending against challenges to their fees give too much leverage to the fee examiners and other parties willing to use the adversary process? In this 75-minute webinar, two seasoned bankruptcy attorneys will debate this hotly contested issue, moderated by an experienced U.S. Bankruptcy Judge. The Supreme Court’s ruling on this matter could have a major impact on bankruptcy practitioners nationwide. SPEAKERS Thomas J. Salerno Gordon Silver Phoenix, AZ J. Maxwell Tucker Squire Patton Boggs (US) LLP Dallas, TX Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.) Reno, NV

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

a. the automatic stay and relief from the stay b. discrimination against the debtor, and how that affects termination c. setoff/recoupment d. buying assets in bankruptcy e. executory contracts issues f. claims by government agencies g. adversary proceedings and other litigation with the government h. employee claims i. interactions with the DOL, DOJ, etc. 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