Friday, March 22
Breakfast and Registration
The Advisory Board welcomes you to a complimentary continental breakfast.
Welcome by Conference Leadership
New Ninth Circuit Chapter 11 Plan Confirmation Developments
This panel will explore recent developments in several Ninth Circuit Chapter 11 plan cases, from contested new value plans and interest rate valuations in the cramdown context, 1111(b) elections, designating votes, plan mootness and dealing with the reversal of plan confirmation orders, classification, and ways to maximize the value of the estate post confirmation.
Brett A. Axelrod
Fox Rothschild LLP; Las Vegas
Van C. Durrer, II
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
Thomas E. Patterson
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
K. John Shaffer
Stutman, Treister & Glatt PC; Los Angeles
Hon. Gregg W. Zive, Moderator
U.S. Bankruptcy Court (D. Nev.); Reno
Sponsored by Development Specialists Inc. and Tiger Group
10:45 a.m.-12:00 noon
Concurrent Sessions (2):
Current Topics in Bankruptcy Litigation (Trying Cases in Trying Times Without Trying Your Judges Patience)
Litigation claims are often the most valuable estate assets especially in our growing trend toward liquidating cases. This panel will explore litigation trends, strategies and alternative theories of recovery reflective of the need to focus on litigation in the absence of traditional reorganization. Pick up some helpful trial tips and practice pointers ranging from identifying causes of action, choosing your jurisdiction, engaging professionals, preparing experts and readying yourself for trial.
Michael G. Bergthold
3C Advisors & Associates, Inc.; San Diego
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Victor A. Vilaplana
Foley & Lardner LLP; San Diego
Boom & Bust: California Cities
The panelists will discuss pending Chapter 9 cases involving a number of California cities including Stockton, San Bernardino, and Mammoth Lakes, along with matters particular to municipalities in California including the requirements on AB 506 and its gate-keeper function, the structure and enforcement municipal bonds in California borne out of unique California constitutional requirements, the checkpoints that must be navigated for cities to gain access to the bankruptcy courts and the constitutional limits on the bankruptcy court’s jurisdiction under the 11th Amendment. The panel will also address issues that arise in Chapter 9 cases.
Deborah L. Schrier-Rape, Moderator
Goodwin Procter LLP; San Diego
Jeffry A. Davis
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; San Diego
Karol K. Denniston
Schiff Hardin LLP; San Francisco
Hon. Christopher M. Klein
U.S. Bankruptcy Court (E.D.Cal.); Sacramento
J. Robert Medlin
FTI Consulting, Inc.; Dallas
Sponsored by Loeb & Loeb LLP, Polsinelli Shughart and Stutman, and Treister & Glatt PC
Interactive Roundtables on Proposed Bankruptcy Code Reform
The ABI Commission to Study the Reform of Chapter 11 is hard at work. The ABI has requested that the participants of ABI Battleground West provide substantive comments and recommendations on the topics being studied by the Commission. The lunch program will be a forum for discussion of the following five areas of inquiry:
• Executory Contracts and Leases
• Financing Chapter 11
• Plan Issues: Procedure and Structure
• Role of Valuation in Chapter 11 Cases
• Sales of Substantially all of the Debtor's Assets, Including Going Concern Sales
Each table at lunch will be pre-assigned one of these areas of inquiry. Lunch participants can then select to sit at the table that has been assigned the topic they want to discuss. At the end of the lunch session, the Roundtable Facilitators will present a consensus report and recommendation. A summary of the reports and recommendations will be prepared and forwarded to the ABI Commission. The lunch discussion will be moderated by Robbin Itkin and the small group discussions will be facilitated by the Roundtable Facilitators. Please be prepared to analyze, dissect, debate, and formulate a proposal for reform for the ABI Commission. This is your opportunity to directly participate in the work of the ABI Commission. Your voice is invited and will be heard by the ABI Commission.
Robbin L. Itkin, Moderator
Steptoe & Johnson LLP; Los Angeles
Roundtable Facilitators: ABI Bankruptcy Battleground West Advisory Board Members
Concurrent Sessions (2):
Law Firm Insolvencies from Finley to Dewey: What Have We Learned?
From the 1987 Finley Kumble collapse to the spectacular 2012 Dewey LeBoeuf implosion, law firm bankruptcies have produced remarkable forum shopping, creative legal theories, conflicting case law, and painful reckonings for partners and their new firms. Panelists will discuss the economics and consequences of firm collapses, case administration challenges, and resulting litigation frenzies.
Richard L. Wynne, Moderator
Jones Day; Los Angeles
Development Specialists, Inc.; Los Angeles
Cecily A. Dumas
Dumas & Clark LLP; San Francisco
John D. Fiero
Pachulski Stang Ziehl & Jones LLP; San Francisco
Arnold & Porter LLP; San Francisco
Where is Your Next Case Coming From? Hear Expert Opinions on Three Likely Industries.
Our industry experts have hand selected three industries that have seen a slate of recent filings or regulatory upheaval – clean energy, protein/ poultry, and healthcare-- and will examine if we’ve hit bottom or merely the tip of the iceberg.
Eric R. Carlson
Imperial Capital, LLC; San Francisco
Robert A. Carringer
Deloitte CRG; Dallas
Donald W. Fitzgerald
Felderstein Fitzgerald Willoughby & Pascuzzi LLP; Sacramento, Calif.
Berkeley Research Group, LLC; Los Angeles
Afternoon Refreshment Break
Sponsored by Duff & Phelps, LLC and Skadden, Arps, Slate, Meagher & Flom LLP
When Bubbles Burst
Three years of disappointing recovery have come at the cost of unprecedented policy actions, both in monetary and fiscal policy. Bar a major failure in resolving the "fiscal cliff" negotiations, the economic outlook may improve in 2013, but questions remain about what the "exit" strategy will be. Are new financial imbalances building into the economy? Are low interest rates fostering an excessive accumulation of private and public debt? How vulnerable the financial system and the corporate sector are to a normalization in interest rates? Mr. Laurenti will discuss how to navigate the risks for the US economy, and the scenarios that most likely shape the bankruptcy and turnaround business in 2013 and 2014.
Adolfo Laurenti, Deputy Chief Economist
Mesirow Financial; Chicago
Sponsored by Fox Rothschild LLP, Hackman Capital, and Pachulski Stang Ziehl & Jones LLP
Join the conversation at #BKBW13
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