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ABI-Live: Legacy Liabilities: Dealing with Environmental, Pension, Union and Similar Types of Claims

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?
1 hour 14 minutes 7 seconds

Fundamentals of Valuation Analysis, Part I: Valuation Models

A "basics" valuation session, demonstrating the use of basic models in actual bankruptcy cases as well as litigation, and showing how basic models are in many ways superior to more complicated models sometimes used by academics and specialized practitioners.
1 hour 14 minutes 16 seconds

Fundamentals of Valuation Analysis, Part II: Applying the Model to Restructuring and Reorganization Stages

Valuation models are applied to the stages of restructuring, pre-bankruptcy, DIP and cash collateral, automatic stay, post-petition interest and fees, avoidance actions, plan confirmation, fee enhancements and more.
1 hour 12 minutes 45 seconds

Fundamentals of Valuation Analysis, Part III: Testing the Model in Case Decisions and Other Scenarios

An update on key valuation case law, with a detailed discussion of how valuation models were implemented, examples of strategic and tactical decision making and a few war stories from hands-on experienced practitioners.
1 hour 12 minutes 3 seconds

The Benefits and Costs of Bankruptcy: Update on Scholarly Research

An update on the sometimes-exciting academic research now being conducted on corporate restructurings and bankruptcy. Topics include advances in our understanding of the benefits and costs of bankruptcy, trends in the accuracy of confirmation values, private-equity firms and financial distress, and the impact of distressed-debt trading.
1 hour 18 minutes 46 seconds

Valuation of Contingent and Disputed Liability

An integral part of any solvency opinion is the valuation of items such as contingent liabilities including pending litigation, guarantees and other claims that may impact the solvency opinion. The valuation of these items is not always obvious and in some cases is at odds with GAAP. The approach to valuing these items is a blending of corporate and bankruptcy law, accounting standards, economic analysis and valuation theory. The panel examines these issues along with the instructive case law in the area, and discusses the care that is required when mixing such elements with the facts and circumstances of the matter at hand.
1 hour 11 minutes 21 seconds

Report Preparation in the Context of Daubert

How are an expert's qualifications and the relevance and reliability of the expert's opinions assessed by courts? What do attorneys expect from experts and what do experts expect from attorneys? A panel of attorneys and valuation experts discuss the criteria for expert qualification, the methodological components of reliability and offer guidance on avoiding pitfalls and bad opinions when working with experts. The panel also provides recent statistics on Daubert challenges.
1 hour 12 minutes 36 seconds

ABI-Live: Revisiting RadLAX and Hall: New Legal and Practical Impact of the Decisions

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.
1 hour 19 minutes 34 seconds

Great Debates

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
1 hour 25 minutes 49 seconds

Fraudulent Conveyance Litigation from Soup to Nuts

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.
1 hour 15 minutes 46 seconds