2017 Bankruptcy Battleground West

This session will discuss the current financial climate and when (if ever) we might begin to see an uptick in chapter 11 bankruptcy cases. Will there still be an appetite for chapter 11, even if interest rates are raised?

Six topical chapter 11 issues will be debated in a head-to-head format: (1) gifting; (2) classification; (3) Stern v. Marshall in the confirmation context; (4) Clear Channel sale issues; (5) assumption of debt; and (6) critical vendors. A panel of bankruptcy judges will ask questions and render decisions on each topic. Key issues that arise in the Ninth Circuit in connection with these topics will be emphasized.

"You know the math, but do you know how to win the argument? This panel will address the nuances of supporting your numbers, preparing your rebuttal brief and cross-examination, and providing valuable testimony for your position. We will address the important points in cross-examining your opponent’s position, discuss some of the more interesting recent bankruptcy valuation decisions, and analyze what works and what doesn’t in supporting key assumptions in the valuation process. "

This panel will explore the advantages and disadvantages of a 363 sale from the perspective of a purchaser, secured lender and company, addressing such issues as timing, costs, imposing sale milestones, releases and credit-bidding.

Prof. Nancy Rapoport, co-chair of ABI’s Ethics Task Force, will give a presentation on the ethics of professional civility by using a familiar Southern California medium: the movies!

This panel will discuss claims, participation and loan purchases, and how they can have a significant impact on a bankruptcy case.

This panel will discuss the new U.S. Trustee Fee Guidelines, recent developments in disinterestedness and conflicts, and the appointment of examiners and chapter 11 trustees.

The panel will discuss important recent developments, including plan confirmation issues, chapter 9 controversies from California, Detroit, and beyond, and the latest news on the continuing Stern/Bellingham fights in the Supreme Court and the Circuits.

Three years of disappointing recovery have come at the cost of unprecedented policy actions, both in monetary and fiscal policy. Bar a major failure in resolving the "fiscal cliff" negotiations, the economic outlook may improve in 2013, but questions remain about what the "exit" strategy will be. Are new financial imbalances building into the economy? Are low interest rates fostering an excessive accumulation of private and public debt? How vulnerable the financial system and the corporate sector are to a normalization in interest rates? Mr. Laurenti will discuss how to navigate the risks for the US economy, and the scenarios that most likely shape the bankruptcy and turnaround business in 2013 and 2014.

Our industry experts have hand selected three industries that have seen a slate of recent filings or regulatory upheaval – clean energy, protein/ poultry, and healthcare-- and will examine if we’ve hit bottom or merely the tip of the iceberg.