Bankruptcy Battleground West: Looking Ahead to the Next Bankruptcy
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
"‘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”
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.
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.