2013

Chapter 11 Track: The § 1111(b) Election, Plan Feasibility and Cramdown Issues Utilizing a case study, this panel will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), feasibility issues, voting issues and solid mathematical analysis.

Chapter 11 Track: Mock Hearing—DIP Financing and 363 Sales Two experienced chapter 11 counsel will conduct a mock argument before a three-judge panel on key issues that arise in the approval of DIP financing and approval of a 363 sale. DIP hearing issues will include roll-ups, liens on avoidance actions, expedited sale procedures, 506 waiver, no committee carve-out, no plan without lender’s consent, and enforcement of subordination agreements. Sale issues will include assumption and assignment or rejection of IP licenses, as well as the rights of junior lienholders to block sales where not paid in full.

Financial Advisors Track: How to Be a Successful Expert

There is now more than $1 trillion in nationwide student loan debt, and the numbers are rising. Make sure that you are armed with the latest information about the laws relating to this usually nondischargeable debt, and learn more about federal programs aimed at helping consumers consolidate and even forgive the debt. ABI’s panel of experts will provide an overview of the student loan industry, examine the numbers behind and causes of student loan debt, and discuss federal loan programs as well as federal consolidation and forgiveness programs. You will not want to miss this timely session!

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?

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.

From the 1987 Finley Kumble collapse to the spectacular 2012 Dewey LeBoeuf implosion, law firm bankruptcies have produced remarkable forum shopping, creative legal theories, conflicting case law, and painful reckonings for partners and their new firms. Panelists will discuss the economics and consequences of firm collapses, case administration challenges, and resulting litigation frenzies.

The panelists will discuss pending Chapter 9 cases involving a number of California cities including Stockton, San Bernardino, and Mammoth Lakes, along with matters particular to municipalities in California including the requirements on AB 506 and its gate-keeper function, the structure and enforcement municipal bonds in California borne out of unique California constitutional requirements, the checkpoints that must be navigated for cities to gain access to the bankruptcy courts and the constitutional limits on the bankruptcy court’s jurisdiction under the 11th Amendment. The panel will also address issues that arise in Chapter 9 cases.

Litigation claims are often the most valuable estate assets especially in our growing trend toward liquidating cases. This panel will explore litigation trends, strategies and alternative theories of recovery reflective of the need to focus on litigation in the absence of traditional reorganization. Pick up some helpful trial tips and practice pointers ranging from identifying causes of action, choosing your jurisdiction, engaging professionals, preparing experts and readying yourself for trial.