Tennessee State Approved Sessions

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.

Professional Development Track: The Dos and Don’ts of Discovery in the Bankruptcy World This panel will explore effective strategies for navigating the world of discovery in bankruptcy cases. Topics will include effective use of 2004 examinations, document subpoenas and deposition testimony, as well as other issues.

Professional Development Track: The Dos and Don’ts of Effective Oral Advocacy

Professional Development Track: Advancing in the Restructuring Profession This panel of well-known and respected department heads will offer advice to young professionals on how to advance in their careers. From rainmaking to servicing clients to becoming involved in professional organizations, the panelists will offer practical tips that helped guide them in their career advancement.

Chapter 11 Track: The § 1111(b) Election, Plan Feasibility and Cramdown Issues Utilizing a case study, this panel will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), feasibility issues, voting issues and solid mathematical analysis.

Chapter 11 Track: Mock Hearing—DIP Financing and 363 Sales Two experienced chapter 11 counsel will conduct a mock argument before a three-judge panel on key issues that arise in the approval of DIP financing and approval of a 363 sale. DIP hearing issues will include roll-ups, liens on avoidance actions, expedited sale procedures, 506 waiver, no committee carve-out, no plan without lender’s consent, and enforcement of subordination agreements. Sale issues will include assumption and assignment or rejection of IP licenses, as well as the rights of junior lienholders to block sales where not paid in full.

Financial Advisors Track: How to Be a Successful Expert

A panel of experts discuss environmental and pension liabilities, the statutory schemes under which these liabilities arise and the key players involved. Are non-monetary environmental claims dischargeable? Do post-petition expenditures for environmental cleanup constitute administrative expenses? When can an employer terminate a pension plan in bankruptcy, what is the process and what are the consequences?

A panel of experts will summarize and discuss the legal impact and practical implications of the Supreme Court’s 2012 decisions in Radlax and Hall. How does Radlax impact sale plans? Why does the Hall decision make asset sales more problematic and what is its broader impact? What do these cases tell us about how to brief and argue bankruptcy appeals? Hear ABI’s panel of experts’ insights into these significant cases.

A panel discussion of recent opinions, including In re Dynegy Holdings, Tribune and Heritage Highgate Inc., and their effect on examiner and plan confirmation issues. Issues to be discussed include: Examiner Issues including when directors and officers may be liable for restructuring, made especially relevant in In re Dynegy Holdings, and the Examiner's Report issued on March 9, 2012. Other cases to be discussed include Lyondell Chemical Co., Washington Mutual, Lehman Brothers. Select Plan Confirmation Issues including: a. Competing plans, noteholder classification, enforceability of inter-creditor agreements, made relevant in Tribune. b. Elimination of junior liens and valuation issues at plan confirmation, made relevant by the Third Circuit’s recent decision in Heritage Highgate Inc. Participants: Richard J. Corbi, Moderator Lowenstein Sandler PC; New York Eric D. Winston Quinn Emanuel Urquhart & Sullivan LLP; Los Angeles David M. LeMay Chadbourne & Parke LLP; New York Michael J. Viscount Fox Rothschild LLP; Atlantic City, N.J. W. Joshua Brant Cadwalader, Wickersham & Taft LLP; New York