2016

PRESENTED BY THE UNSECURED TRADE CREDITORS AND BANKRUPTCY LITIGATION COMMITTEES Understanding the latest in 503(b)(9) claims is a must for any practitioner. Debtor-side attorneys need to appreciate the implications that 503(b)(9) claims may have on their case strategy. Conversely, in order for creditor-side attorneys to maximize recoveries, they must likewise understand what constitutes a 503(b)(9) claim and when they may be asserted both offensively and defensively. This panel will explore the latest hot-button legal issues and the recent trends in 503(b)(9) procedures. Attendees will come away with practical guidance and tips in dealing with 503(b)(9) claims. *ABI will seek 1.25 or 1.50 of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. Credit hours granted are subject to approval from each state, which may not be determined prior to the program.

How will the Supreme Court’s decision in Baker Botts v. ASARCO affect professional fees? Will there be an increase in fee litigation in future chapter 11 cases? This panel will also explore the Tribune standard for payment of unsecured creditors’ post-petition professionals’ fees, fees awarded as part of global settlements (Lehman), and the recent use of fee examiners. The session could also include a discussion on when disclosure of “representations of parties in unrelated matters” is sufficient, whether conflicts be cured by the appointment of conflicts counsel, a recent Ninth Circuit decision on the potential implications of exceeding fee caps, when it is necessary to obtain a conflict waiver, current vs. recent vs. former clients, and directly adverse vs. positionally adverse.