2015

Lien-stripping, short sales and other contested confirmation issues will be highlighted.

Join a distinguished group of panelists involved in the hiring — and firing — of bankruptcy professionals. Hear how you can serve clients better and make them want to work with you.

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters to be discussed will be timely issues involved in preference actions, including both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.

This panel will provide a review and analysis of § 1129(a) and (b) confirmation standards focused on recent and hot topic areas affecting senior and junior secured creditors. Discussed will be Momentive Performance issues, including cramdown interest rates at below-market rates even when market rates exist, the extent of the subordination of senior subordinated noteholders, the enforceability of make-whole payment provisions in chapter 11 plans, and intercreditor and cramdown issues.

This panel is part of our continuing series on drafting skills for bankruptcy and restructuring attorneys. The panel is intended to provide a practical “how to” discussion and analysis of drafting chapter 11 plan documents including the Disclosure Statement, the Chapter 11 Plan, Liquidating Trust Agreements, and related document. The panel will provide form documents and discuss heavily negotiated or scrutinized provisions in these documents.

This panel will highlight problems with loan documentation and transfer, escrow issues in proofs of claim and post-petition, proliferation of automatic stay and discharge violation litigation, and the impact of regulatory developments in the treatment and servicing of mortgage loan claims.

This panel will discuss how lawyers and FAs can work together in creating clear client expectations by defining for the client both the lawyer’s and FA’s work scope. Additionally discussed will be the fee structure involved in the retention of FAs both as company advisors and expert witnesses. Finally, this panel will explain in detail what can be done to make our mutual clients happy with both the lawyers and FAs in the obtained results.

Find out not only what the hot new issues are in chapter 15 proceedings, but also the answers to issues that no one talks about. For example, can chapter 15 be used to bring a cause of action? Can a foreign debtor recognized under chapter 15 use § 108 to extend limitations, and can such a debtor seek turnover pursuant to § 542(e)? Come hear our panel discuss these and other important chapter 15 questions.

Jeffrey N. Pomerantz, Moderator ABI Vice President-Education Pachulski Stang Ziehl & Jones LLP; Los Angeles Resolved: Curbing pension rights in a chapter 9 case is constitutional. Con: Babette A. Ceccotti Cohen, Weiss & Simon LLP; New York Resolved: Committee member fees are not payable as part of a Chapter 11 plan. Pro: Nan Roberts Eitel Executive Office for U.S. Trustees; Washington, D.C. Con: Dennis F. Dunne Milbank, Tweed, Hadley & McCloy LLP; New York Resolved: A chapter 13 debtor may employ § 363 to effect a free-and-clear short sale of his/her principal residence notwithstanding § 1322(b)(2) and the secured creditor’s objection. Pro: Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago Con: Hon. Mary Grace Diehl U.S. Bankruptcy Court (N.D. Ga.); Atlanta