Video

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.

Since most debtors default in chapter 13 plans before they reach completion, are modifications needed to the law's rehabilitation goals? Pro: Hon. Pamela Pepper Con: Catherine Peek McEwen Should the U.S. Trustee's enforcement role in chapter 11 cases yield to creditor preferences? Pro: Robert M. Fishman Con: Clifford J. White, III Do creditors' committees serve a useful purpose in cases where the debtor's assets are overly encumbered and the amount of unsecured claims is a fraction of the amount of secured debt? Pro: Robert J. Feinstein Con: Jay M. Goffman

Business Track-Fraudulent Conveyance Litigation from Soup to Nuts This program will present a mock hearing involving the myriad procedural and substantive issues associated with fraudulent-conveyance litigation brought by an estate representative, including Stern v. Marshall jurisdictional issues, Twombly and Iqbal and other issues. Bench: Hon. Joy Flowers Conti U.S. District Court (W.D. Pa.); Pittsburgh Hon. Barbara J. Houser U.S. Bankruptcy Court (N.D. Tex.); Dallas Hon. Barry Russell U.S. Bankruptcy Court (C.D. Cal.); Los Angeles Litigants: David M. Stern Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles David B. Wheeler Moore & Van Allen, PLLC; Charleston, S.C.

Business Track - Pushing the Envelope This program will feature a discussion of the aggressive provisions that debtor's, lender's and buyer's counsel have been trying to insert into DIP orders, sale orders and confirmation orders.

Consumer Track - From Infants to Toddlers: Bankruptcy Rules 3001 and 3002.1 Experience First-Year Growing Pains Bankruptcy Rules 3001 and 3002.1 turn one year old on Dec. 1, 2012. The panel will explore the cases that have arisen over the past year and look ahead to as-yet-unresolved issues.

Consumer Track - The National Mortgage Settlement: How Will It Affect Consumer Bankruptcy Cases? Although the impetus for the $25 billion settlement was robosigning issues in foreclosure cases, many of its provisions affect residential mortgage loans in consumer bankruptcy cases. The panel will discuss the terms of the consent judgment, which will impact the handling of home loans by debtors, the affected servicers, the USTP and the bankruptcy courts.

Professional Development Track: Litigation Skills Mock Expert Examination R. Scott Williams, Moderator Haskell Slaughter Young & Rediker, LLC; Birmingham, Ala. Judge: Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.); Las Vegas Direct Exam: Dillon E. Jackson Foster Pepper PLLC; Seattle Cross Exam: Lynnette R. Warman Hunton & Williams LLP; Dallas Witness: James Peko Grant Thornton LLP; New York

Professional Development Track - "I'm Shocked-Shocked!-to Find that Unethical Conduct Is Going On in Here!": A Tale of Ethics in Bankruptcy Our play will address the ethical pitfalls faced by the attorneys in the chapter 11 bankruptcy of Casablanca Snow Globes, Inc., a once-thriving manufacturer of world-class snow globes that has fallen on hard times due to cheap foreign competition, changes in consumer taste and unfair TSA regulations. Watch debtor's counsel struggle with whether she represents the debtor or its owner, as well as possible secret connections with the evil empire owned by Boris Badenough. Thrill to Boris's lawyer's problems with his various clients in this case, who are not always aligned (or sane). Our panel of experts will provide commentary on these critical issues, such as (a) who is your client; (b) what to do when clients don't tell the truth; (c) how to fulfill your obligations to be candid with the court; (d) how to avoid sharp lawyering practices; (e) best billing/fee application practices; and (f) conflicts of interest.

A panel of judges will discuss hot topics including the latest developments regarding the absolute priority rule in individual cases, the Supreme Court's decision in RadLAX, developing jurisprudence in the aftermath of Stern v. Marshall and other topical issues.

What do the new fee guidelines from the U.S. Trustee mean for your practice? How is new Rule 2019 affecting practice and disclosure?