abiLIVE Webinars

The Asset Sales Committee will host a webinar on the roles of secured, undersecured and unsecured creditors and committees in asset sales and bidding processes involving complex capital structures. The discussion will focus on the challenges and complications that can arise in seeking an expedited sale free and clear of claims and liens and means by which creditors and committees can use the sale process to their advantage. View Materials

The ABI Bankruptcy Litigation Committee presents a must-see webinar for bankruptcy practitioners about the appeals process. The panel will explore the nuts and bolts of bankruptcy appeals – the statutes, rules, and decisions governing how to obtain appellate review of different types of bankruptcy court orders and the mechanics of initiating and prosecuting appeals. The panel will also discuss the differences between the district court and the BAP appeals, as well as procedures for direct appeals to circuit courts. Finally, the panel will turn to strategic considerations, including whether and how to obtain a stay pending appeal, standards of review, and — most importantly — how to win your appeal. The distinguished panel of appellate judges and practitioners will offer their views on best practices for brief writing and conducting persuasive oral arguments in both intermediate appellate courts and circuit courts, as well as common errors to avoid in oral argument. View Materials

HOSTED BY THE SECURED CREDIT AND YOUNG & NEW MEMBERS COMMITTEES This program will provide an introduction to the most common types of intercreditor and subordination agreements involved in transactions today and will highlight drafting considerations and points of negotiation involved in each. Additionally, the panelists will provide an overview of important bankruptcy court decisions involving the interpretation and enforceability of intercreditor agreements and subordination agreements and will provide insight about how intercreditor and subordination agreements have changed (or should change) in response.

Moderator Thomas L. Canary, Jr., Fenton & McGarvey, P.S.C. Mr. Canary is a Senior Attorney at Fenton & McGarvey, P.S.C. and is the former President of Mapother & Mapother, P.S.C. Tom concentrates his practice in the areas of bankruptcy, collections, and creditors rights. Mr. Canary is admitted to practice law in the states of Kentucky, Indiana, West Virginia and Ohio, the federal district courts in all those states, as well as the Sixth Circuit Court of Appeals. Mr. Canary is a past Secretary of NARCA and past co-chair of its Education Committee. He is also Vice-President of the Kentucky Creditors' Rights Bar Association. He is the current author and editor of Kentucky Collections published by Thompson-Reuters. Presenters John Bollinger, Boleman Law Firm, P.C. John R. Bollinger is a shareholder in the Boleman Law Firm that focuses exclusively in the area of consumer bankruptcy law and is the largest consumer bankruptcy practice in Virginia. Boleman Law Firm has offices in Richmond, Virginia Beach and Hampton, Virginia. John is currently the Managing Partner of the Firm’s Virginia Beach and Hampton offices. A graduate of the T.C. Williams School of Law at the University of Richmond, John is a frequent speaker at local, regional and national organizations. He has served on several association boards throughout his years of practice and previously served as the President for the Tidewater Bankruptcy Bar Association. John is an editor for ABI’s VOLO project. Additionally, he has been recognized by Super Lawyers as a Virginia Rising Star in the area of Consumer Bankruptcy Law. Corinne Heggie, Scharf Banks Marmor LLC Corinne C. Heggie practices at Scharf Banks Marmor, LLC in Chicago, the largest majority women owned law firm in the Midwest. Previously, Ms. Heggie founded Heggie Law LLC after practicing over fifteen years at an international law firm defending creditor’s rights in federal and state courts across the country in class and individual actions filed under the FDCPA, FCRA, TCPA and EFTA and their state law corollaries. Ms. Heggie has speaks on issues important to the class action and creditor’s defense bars, most recently regarding the Pressler Consent Order’s bar on pre-judgment litigation discovery at the NARCA Fall Conference and United States Supreme Court’s Gomez decision and its impact on Rule 68 Offers of Judgment at the Chicago Bar Association. Ms. Heggie is admitted to practice in Illinois and Missouri and federal courts throughout the Sixth, Seventh, and Eight Circuits.

HOSTED BY THE CONSUMER BANKRUPTCY COMMITTEE The webinar will provide an overview of the National Form Plan and the opt-out compromise, as well as an update on the current status of the proposed rules. There will be a presentation about the other changes to the Federal Rules of Bankruptcy Procedure. Speakers will also lead a discussion of the requirements of Rule 3015.1 for courts choosing to opt out of the National Form Plan. Speakers: Hon. Rebecca B. Connelly U.S. Bankruptcy Court Western District of Virginia Harrisonburg Hon. Marvin Isgur U.S. Bankruptcy Court Southern District of Texas Houston Hon. Brian D. Lynch U.S. Bankruptcy Court Western District of Washington Tacoma View Materials

CO-HOSTED BY ABI AND THE THE NATIONAL ASSOCIATION OF FEDERAL EQUITY RECEIVERS Ponzi scheme cases almost always have a hard landing in either a bankruptcy or receivership proceeding. Depending on which administrative filter is imposed on a Ponzi scheme case, the rights of the fiduciary administering the case as well as the rights of creditors and investors can vary significantly. Kenneth Bell, the receiver of ZeekRewards, one of the largest Ponzi scheme cases ever, and Brian Bash, the bankruptcy trustee presiding over the sizeable Fair Finance Ponzi scheme case, will compare and contrast their experiences in unwinding the frauds in their cases and returning funds to defrauded victims. Stephen Harbeck, the CEO of the Securities Investor Protection Corporation, will add his insights into the administration of a SPIC proceeding like the Bernard Madoff scheme. The presentation will cover a range of topics typically arising in these types of cases including: The obligations and duties of the different types of fiduciaries Reaching assets and defendants nationwide and worldwide Large classes of fraudulent transfer defendants Substantive consolidation The claims process Stays of litigation

John Hutton and Henry Jaffe will discuss the recent Second Circuit successor liability decision in the General Motors case, which reversed the decision of the bankruptcy court, and exposed “New GM” to successor liability claims by various categories of plaintiffs who sustained (largely economic) injuries prior to the sale as a result of the ignition switch defect, but did not receive actual notice of the sale. The presenters will discuss the main issues and arguments presented and addressed in the GM successor liability decision, and will discussing the potential impact of the Second Circuit’s ruling. Such issues include: (1) notice/due process (and remedies related thereto), (2) the requirement to show prejudice, and the Second Circuit’s treatment of the prejudice issue; (3) the ability to sell free and clear of in personal liabilities; and (4) equitable mootness.

The webinar will discuss various rules and orders governing the process of mediation in bankruptcy, focusing on Ch.5 causes of action. The webinar also explores time tested strategies for resolving avoidance actions at the mediation.

HOSTED BY THE LEGISLATION COMMITTEE The “safe harbor” under section 546(e) of the Bankruptcy Code protects from avoidance certain securities, commodities and financial transactions. Similarly, section 547(c)(6) protects the fixing of true statutory liens from preferential transfer avoidance. This year, the scope and application of the section 546(e) safe harbor has been reshaped by several courts, including the Second and Seventh Circuits. Panelists will discuss recent case law affecting the effectiveness of section 546(e), helping shareholders and other parties in interest participating in an LBO to examine the issues and different results produced by the courts. Panelists will also discuss how recent oil & gas bankruptcies have reignited an expansion of the section 547(c)(6) safe harbor.

This webinar will focus on how pending criminal or regulatory proceedings may affect the estate’s pursuit of litigation claims arising from a commercial fraud case. Speakers will address the Fifth Amendment, coordinating with the criminal and regulatory authorities for items such as file-access requests to the SEC, potential stays of civil litigation, asset forfeitures, and more! This panel not only includes attorneys who have dealt with these issues, but also attorneys who previously worked for the U.S. Attorney’s Office or the SEC.