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Meetings & Events

Friday, October 1, 2004

8:00–8:30 am

Registration and Continental Breakfast

Moot Courtroom Lobby, Georgetown University Law Center

Sponsored by Gardner Carton & Douglas LLP

8:30–8:45 am

Introduction and Welcome

Lawrence J. Center
Executive Director, Georgetown CLE

Samuel J. Gerdano
Executive Director, ABI

David R. Kuney
Program Chair, Sidley Austin Brown & Wood LLP

8:45–9:45 am

Director and Officer Issues

  • Fiduciary duties: the business judgment rule in chapter 11.
  • Insurance coverage disputes.
  • Funding coverage costs.
  • “Deepening insolvency.” In re Flagship Healthcare and Exide Technologies.

9:45–10:00 am

Refreshment Break

10:00–11:00 pm

Sales Under Section 363

  • Successor liability after Trans World Airlines.
  • Break-up fees; topping fees.
  • “No shop” clauses.
  • Standing of disappointed bidders.
  • Can Directors and Officers be sued for breach of fiduciary duty for the sale?
  • Tax-free transfers under §1146.
  • Binding nature of sales: In re Thousand Acres, 42 BCD 213 (8th Cir. 2004).
  • Sales free and clear under §363(f)(4): In re Union Planters Bank, 42 BCD 195 (8th Cir. 2004)

11:00 am–12:00 noon

First-day Issues

  • Payment of Critical Vendors“In re K-Mart (7th Cir. 2004).
  • End of the doctrine of necessity?
  • Ordinary course professionals?
  • DIP Financing; Liens on avoidance actions.

12:15–1:45 pm

Lunch Break: Separate Topical Break-out Lunches with the Judges

A unique opportunity for attendees to follow up on the day’s topics in small groups with the judges and faculty.

Sponsored by Jefferies & Co. Inc.

2:00–3:00 pm

Confirmation Topics

  • Third-party releases.
  • Post-confirmation jurisdiction.
  • Scope of the discharge?
  • Liability of directors and officers for the plan?
  • Interest rate—will the Supreme Court figure it out?
  • Lock-up agreements—gone with the wind?
  • Solicitation Issues: the end of Century Glove.

3:00–3:15 pm

Refreshment Break

3:15–4:15 pm

Claims Issues

  • Objections to claims.
  • Estimation of claims.
  • Late-filed claims.
  • 502(d): Claims preclusion. In re TWA Inc.
  • Recharacterization and equitable subordination.
  • Valuation; assignment.
  • Discharge of claims.

4:15–5:15 pm

Legal Fees in Bankruptcy and Ethics

  • Debtor’s Counsel; Committee Counsel; Ordinary Course Professionals.
  • Ethical Considerations For Lawyers in the Management of Chapter 11 cases arising under Sarbanes-Oxley, including ethical considerations for advising both publicly traded corporations and “mid-market” companies
  • Ethical issues concerning the Zone Of Insolvency doctrine and the split fiduciary duty between creditors and shareholders.
  • Ethical issues concerning disclosures of conflicts and dealing with conflicts for lawyers representing the debtor, the creditors’ committee, and special counsel.
  • Ethical issues concerning legal fees and the reasonableness of such fees. New Standards of Professional Conduct for Attorneys Appearing and Practicing Before the SEC

5:15–6:30 pm

Cocktail Reception

Sponsored by Sidley Austin Brown & Wood LLP


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