Friday, February 22, 2008
8:00 - 9:00 a.m.
Registration
The Advisory Board welcomes you to a complimentary Continental Breakfast
9:00 - 9:15 a.m.
Introductory Remarks
Geoffry S. Berman
Greenberg Traurig
9:15 - 10:30 a.m.
The Price Is Right: Lowering Costs or Lowering Claims?
In the recently settled and dismissed bankruptcy case of the Catholic Diocese of San Diego, the debtor had proposed to estimate the personal injury tort claims of over 150 child sex abuse victims in lieu of having jury trials. This panel will discuss this and other efforts to strategically employ the concept of estimation to affect claims’ values, will analyze estimation’s legal parameters, including its application in the plan confirmation context, will survey current practices and procedures, and will discuss the more benign benefits of the estimation process.
Robert B. Orgel (Moderator),
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Jonathan A. Carson,
Kurtzman Carson Consultants, LLC; El Segundo, Calif.
Mark S. Horoupian,
SulmeyerKupetz, APC; Los Angeles
David P. Simonds,
Akin Gump Strauss Hauer & Feld LLP; Los Angeles
10:30 – 10:45 a.m.
Coffee Break
Sponsored by GlassRatner Advisory & Capital Group, LLP
10:45 a.m. – 12:00 noon
Whose Bankruptcy Case Is It, Anyway? The Validity, Scope, and Extent of Third Party Releases and Injunctions
The continuing disagreement among the Circuits regarding the validity, scope, extent, and desirability of third party releases and injunctions provides the back‑drop for this spectacular Moot Court showdown between seasoned bankruptcy attorneys Bruce Bennett (Hennigan, Bennett & Doorman, LLP) and David Osias (Allen Matkins Leck Gamble Mallory & Natsis LLP). Our panel of esteemed Judges, Hon. Peter W. Bowie, Hon. John J. Hargrove and Hon. John E. Ryan (ret.), will preside over mock appellate argument, followed by a discussion of the key issues that continue to divide the Circuits.
Bruce S. Bennett,
Hennigan, Bennett & Dorman, LLP; Los Angeles
Hon. Peter W. Bowie,
U.S. Bankruptcy Court, Southern District of California; San Diego
Hon. John J. Hargrove,
U.S. Bankruptcy Court, Southern District of California; San Diego
David L. Osias,
Allen Matkins Leck Gamble Mallory & Natsis LLP; San Diego
Hon. John E. Ryan (ret.),
U.S. Bankruptcy Court, Central District of California; Santa Ana, Calif.
12:00 noon – 1:15 p.m.
Luncheon Presentation
Prof. Mark S. Scarberry,
ABI’s Resident Scholar
Pepperdine School of Law; Malibu, Calif.
Statutory Interpretations and the Rule of Law
Sponsored by Chanin Capital Partners LLC
Professor Scarberry, ABI’s fall semester Resident Scholar and Professor of Law at Pepperdine will offer a witty and thought provoking dialogue on the application of the principles of statutory interpretations and the rule of law.
1:30 – 2:45 p.m.
Lust, Caution: Deal Making in the Shadows of Equitable Subordination and Recharacterization.
With continued uncertainty in the credit markets and looming maturity dates for billions of dollars of debt, “lust, caution” characterizes the mixed “economic emotional” environment for existing and potential lenders and investors in distressed situations. The panel will address the risks of equitable subordination and recharacterization and how the evolution of these doctrines affects the negotiation and documentation of debt and equity positions, potentially affecting the way courts view these positions in the future.
Gregory O. Lunt (Moderator)
Latham & Watkins, LLP; Los Angeles
Russell A. Belinsky
Chanin Capital Partners LLC; Los Angeles
Scott F. Gautier
Peitzman, Weg & Kempinsky LLP; Los Angeles
Eric D. Goldberg
Stutman, Treister & Glatt, PC; Los Angeles
2:45 – 3:00 p.m.
Coffee Break
Sponsored by Grobstein, Horwath & Company, LLP
3:00 – 4:15 p.m.
The Precedential Debates: Differing Views on Section 506(b)'s Import on Interest, Fees, and Guarantees.
Although short in length and plain in wording, section 506(b) has nevertheless produced a flurry of inconsistent judicial opinions and academic analysis. This panel of seasoned professionals, who represent the spectrum of stakeholders in a bankruptcy case, will examine and critique the current state of the law on interest rates, yield-maintenance provisions, attorneys’ fees, and late and other charges. They will also tackle the unsettled issues of what gets paid and what does not if the creditor is undersecured, whether Travelers has meaning beyond its holding, and the impact of section 506(b) on claims against nondebtor third parties.
Pamela K. Webster (Moderator)
Buchalter Nemer, PC; Los Angeles
Peter W. Lianides
Winthrop Couchot, PC; Newport Beach, Calif.
David J. McCarty
Sheppard Mullin Richter & Hampton LLP; Los Angeles
Jonathon S. Shenson
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
4:30 – 6:30 p.m.
Cocktail: A Hosted Networking Reception
Join your colleagues for drinks and hors d’oeuvres as we watch the sunset on Santa Monica bay.
Sponsored by Melville Capital, LLC