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Contact: Rali Mileva
               (703) 739-0800
               rmileva@abiworld.org

ABI Presents Bankruptcy Battleground West: Looking Ahead to the Next Bankruptcy Cycle
 

January 13, 2005, Alexandria, Va.  -- More than 150 practitioners are expected to attend the American Bankruptcy Institute's (ABI) thirteenth annual Bankruptcy Battleground West conference, scheduled for March 4 at the Westin Century Plaza Hotel in Los Angeles, Calif. The daylong conference, titled "Looking Ahead to the Next Bankruptcy Cycle," offers 6.25 hours of CLE credit. The program will also include a luncheon presentation by John Garamendi, California Insurance Commissioner, who will address the coming federal regulation of the insurance industry. A special bankruptcy fundamentals program aimed at young and new professionals, "Bankruptcy Fundamentals: Nuts & Bolts for Young Professionals," will be held on March 3. The roster of speakers at this year's conference features experts from across the region. Program co-chairs are Peter M. Gilhuly of Latham & Watkins (Los Angeles) and Marc A. Bilbao of Giuliani Capital Advisors (Los Angeles). Judge Mitchel R. Goldberg (C.D. Calif.) is the Judicial Chair.

"The New Squeeze—Coming Second Lien Issues" features moderator Peter M. Gilhuly of Latham & Watkins LLP (Los Angeles) and panelists Ben H. Logan of O’Melveny & Myers LLP (Los Angeles), David A. Hollander of Tennenbaum Capital Partners LLC (Santa Monica) and William A. Shpall of Credit Suisse First Boston (Los Angeles). The panel will consider the likely effects and future issues generated by the explosion of “second lien” deals that have been closed since 2003.

Lisa Hill Fenning of Dewey Ballantine LLP (Los Angeles) will moderate a session "Inside the Judicial Mind." The panel also features Hon. Mitchel R. Goldberg (C.D. of Calif., Riverside), Prof. Russell Korobkin of the UCLA School of Law (Los Angeles) and David M. Stern of Klee, Tuchin, Bogdanoff & Stern LLP (Los Angeles). Thisprogram will address recent empirical scholarship demonstrating the manner in which human psychology can influence or distort judicial decisionmaking, and discuss the implications of these findings for bankruptcy judges, lawyers and litigants.                        

"‘Faith’-Based Initiatives in Chapter 11: Bad-Faith Dismissals in Integrated Telecom Express, Inc. and Liberate Technologies" will be moderated by Robert B. Orgel of Pachulski, Stang, Ziehl, Young, Jones & Weintraub PC (Los Angeles). He will be joined by fellow panelists James R. Stillman of Ellman, Burke, Hoffman & Johnson (San Francisco), Ali M. M. Mojdehi of Baker & McKenzie LLP (San Diego) and Bennett L. Spiegel of Kirkland & Ellis LLP (Los Angeles). Recent rulings in the 3rd and 9th Circuits by a Circuit Court and Bankruptcy Court, respectively, have approved and required that chapter 11 cases be dismissed due to an absence of “good faith.” In each case, arguably solvent debtors elected to use bankruptcy to cap creditor claims. The panel includes attorneys for litigants on each side of the issue in these cases and in a prior “good faith” case.

The panel entitled "Deepening Insolvency Issues" features moderator William A. Brandt of Development Specialists Inc. (Chicago). Panelists include Scott F. Gautier of Peitzman, Weg & Kempinsky LLP (Los Angeles), Victor A. Sahn of Sulmeyer Kupetz PC (Los Angeles) and Francis J. Lawall of Pepper Hamilton LLP (Philadelphia). This panel will explain the concept of “deepening insolvency,” as well as current trends in the law and the potential forms of liability possible under this fast-evolving theory.

For more information about the conference, call ABI at (703) 739-0800 or visit Battleground West online.

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ABI is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency.  ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.  The ABI membership includes more than 10,300 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information.  For additional information on ABI, visit ABI World at http://www.abiworld.org.  For additional conference information, visit http://www.abiworld.org/conferences.html.


 

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