Committee Program Descriptions
Friday April 4, 2008 4:00-5:30 p.m.
Asset Sales, Financial Advisors, Investment Banking and Technology & Telecommunications
Patents and Patent Applications: Unlocking Their Value for the Bankruptcy Estate.
Friday April 4, 2008 4:00-5:30 p.m.
Speakers:
Kevin P. Anderson
Wiley Rein LLP; Washington, D.C.
George Kelakos
Kelakos Advisors LLC; Greenwich, CT
James F. Wallack
Goulston & Storrs, PC; Boston, MA
The presentation will focus on the hidden value of patents and other IP, which is often undiscovered in bankruptcy cases. This program will provide a summary of how to identify and value these assets and how to monetize patents through litigation, licensing, securitization, or an outright sale. The panel will explore leading case studies that reveal strategies for accessing these diamonds in the rough. A handout of five case studies, including Collins & Aikman, Astro Turf, and Tower Records will be provided. Bonus Presentation: The Investment Banking Committee will provide an up to the minute report on the current state of the capital markets. You won't want to miss this!
Business Reorganization and Commercial Fraud Task Force
363 Sales - How Free is Free & Clear? Does new case law, fraud in the process or Loan to Own (or Loan to Buy) Deals, and other recent trends Negate the Ability to Get a 363(m) Order and/or impact successor liability exposure?
Friday April 4, 2008 4:00-5:30 p.m.
Speakers:
Lawrence A. Katz
Venable LLP; Vienna, Va.
Jo Ann J. Brighton
Kennedy Covington Lobdell & Hickman, LLP; Charlotte, N.C.
Hon. Judith K. Fitzgerald
U.S. Bankruptcy Court; Pittsburgh
Kenneth A. Rosen
Lowenstein Sandler PC; Roseland, N.J.
Court Administration
"Future Changes to the Courts' Electronic Filing System and How It Will Affect Your Practice"
Friday April 4, 2008 4:00-5:30 p.m.
Speakers:
Hon. Cecelia G. Morris
United States Bankruptcy Judge for the Southern District of New York, Poughkeepsie, N.Y.
Gary Bockweg
Project Director of Information Technology of the Administrative Office of the U.S. Courts
A representative from the National Conference of Court Clerks will be the guest speaker, addressing the future of automation in the courts.
Finance & Banking and Young and New Members
Strengthen Your ABS: What and Why You Need to Understand About Asset Backed Securities and Their Progeny.
Friday April 4, 2008 4:00-5:30 p.m.
Speakers:
Paul Possinger
Winston & Strawn, Chicago
Colleen Lowmiller
Bridge & Associates, Chicago
Neil Luria
Navigant Consulting
Join them as they focus on the common threads that underlie all asset backed securities, from sub prime mortgages, to automobile loans, to secondary credit card debt. Come and unlock the secrets to better understanding of ABS, whether for today's issues (sub prime mortgages) or for tomorrow's (whatever they may be).
Legislation
Part II of the ABI's Legislative Committee presentation at the 2007 ABI Winter Leadership Conference.
A panel discussion will address pending legislation in Congress, specifically bills that redefine the treatment of home mortgages in bankruptcy, as well as bills that impact student loans and employee pensions. This was very well received at the WLC program and is still extremely relevant.
Friday April 4, 2008 4:00-5:30 p.m.
Speakers:
Susan Jensen
Counsel to Chairman John Conyers; Washington, D.C.
David Lachmann
Staff to the House Judiciary Committee; Washington, D.C.
Hon. George Paine
U.S. Bankruptcy Court Nashville
Hon. David Houston
U.S. Bankruptcy Court, Northern District of Mississippi, Aberdeen
We will be discussing pending legislation that covers home mortgages, student loans, employee pensions and benefits, etc. This was very well received at the WLC program and is still extremely relevant.
Mass Torts
Friday April 4, 2008 4:00-5:30 p.m.
Tentative
Professional Compensation
The Fee Study and Beyond: What is Going on in the Real World Now
Friday April 4, 2008 4:00-5:30 p.m.
Speakers:
Hon. Wesley Steen
U.S. Bankruptcy Court, Southern District of Texas, Houston
Prof. Stephen Lubben
Seton Hall Law School, Newark, N.J.
Richard Carmody
Adams & ReeseLLP, Birmingham, Ala.
T. Edward Malpass
Law Offices of T. Edward Malpass, Newport Beach, Calif.
Thomas A. Morrow
AlixPartners LLP, Southfield, Mich.
This presentation will address the Chapter 11 Professional Fee Study funded by the ABI and released in December of 2007 and its possible impact by focusing on several key findings of the Study. This presentation will also provide an overview of several key professional compensation issues currently impacting bankruptcy professionals.
Saturday April 5, 2008 8:00-9:30 a.m.
Alternative Dispute Resolution
Caselaw update and open discussion of common problems in ADR practice.
Saturday April 5, 2008 8:00-9:30 a.m.
Speakers:
Hon. Barbara J. Houser
U.S. Bankruptcy Court, Northern District of Texas, Dallas
Faye Knowles
Fredrikson & Byron PA, Minneapolis
Bankruptcy Litigation and Unsecured Trade Creditors
An Examination of Preference Litigation Run Amok
Saturday April 5, 2008 8:00-9:30 a.m.
Speaker:
Hon. Stacey G.C. Jernigan
Northern District of Texas Bankruptcy Court
Preference cases are the bane of every credit department. After working hard to get the payment in, two years later the preference complaint appears in the mail. Congress may have intended preferences to "level the playing field" so that all unsecured creditors could share equally in a distribution from the debtor's estate. In reality, however, preference recoveries often do not benefit unsecured creditors and often seem to benefit only the professionals representing the creditors' trust or the trustee. This panel will look at preference litigation run amok - examining several different cases in which hundreds of preference cases were pursued and the methods by which the plaintiffs sought recovery. Is there a way for preference recoveries to be pursued without creating a log jam in bankruptcy courts? Is there a way to efficiently examine defenses prior to filing cases?
Real Estate and Ethics
A Failure of Proof? The Mortgage Industry at a Crossroads ...
Saturday April 5, 2008 8:00-9:30 a.m.
Moderator:
Alec Ostrow
Stevens & Lee, PC
Panelists:
Hon. Cecelia Morris
United States Bankruptcy Judge for the Southern District of New York, Poughkeepsie, N.Y.
Mary Daffin
Barrett Burke Wilson Castle Daffin & Frappier, LLP; Houston
Ronda Winnecour
Chapter 13 Standing Trustee (W.D. Pa.) Pittsburgh
Uniform Commercial Code
Speaking on how to handle current UCC problems from a practical perspective
Saturday April 5, 2008 8:00-9:30 a.m.
Saturday April 5, 2008 4:00-5:30 p.m.
Bankruptcy Taxation
When Good Loans Go Bad, Tax Issues for Corporations Holding or Owning Troubled Debt.
Saturday April 5, 2008 4:00-5:30 p.m.
Speakers:
Candace Ridgway
Jones Day, Washington, D.C.
Jack Williams
Georgia State University / BDO Seidman LLP, Atlanta - ABI Scholar in Residence
Consumer Bankruptcy
Saturday April 5, 2008 4:00-5:30 p.m.
Tenative
Employee Benefits in Bankruptcy
Benefits Potpourri: Executive Compensation in Chapter 11, Benefits Issues in Individual Bankruptcies, and other Current Developments.
Saturday April 5, 2008 4:00-5:30 p.m.
Moderator:
Jeff Cohen
Ivins, Phillips & Barker, Washington, D.C.
Panelists:
Susan Rhiel
Rhiel & Associates, Columbus, Ohio
Lisa Tancredi
Venable LLP, Baltimore
Health Care
Saturday April 5, 2008 4:00-5:30 p.m.
The Health Care Committee panel will focus on the disposition of the assets of distressed health care entities both inside and outside bankruptcy. Health care entities considered will include hospitals, SNF;s, and assisted living facilities. The panelists will include bankers, bankruptcy attorneys and other business professionals. Given the possibility of a recession and the movement in many states to "rationalize" the delivery of health care, the panel's discussion will be both interesting and timely.
International
Saturday April 5, 2008 4:00-5:30 p.m.
Tenative
Public Companies
Saturday April 5, 2008 4:00-5:30 p.m.
Panelists:
Michael Venditto
Reed Smith LLP, New York
Albert Togut
Togut Segal & Segal LLP, New York
Jeffrey Rich
K&L Gates LLP, New York
The Public Companies Committee will present an outstanding panel addressing the topic "Bankruptcy Trustee Suits against Former Counsel for Bankrupt Public Companies." Issues addressed will include: (i) standing to sue (compared to standing of shareholders, creditors, other constituencies), (ii) defenses, including the in pari delicto defense, (iii) theories of recovery, including fraud and negligence, (iv) whether hedge funds are pushing/funding the suits, and (v) the prospects for more litigation in this area. Cases discussed will include: DVI, Refco, Enron and others