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Bankruptcy 2007: Views from the Bench
 
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Meetings & Events

Committee Educational Program Descriptions ASM 2007

Asset Sales

Distressed M&A – The Impact of Changing Financial Markets, Credit Bidding, BAPCPA and Other Recent Developments

• David Peress
- Moderator
Crystal Capital; Boston

• Robert P. Simons

Reed Smith; Pittsburgh
• Sharon L. Levine

Lowenstein Sandler PC; Roseland, N.J.
• Benjamin Feder
Thompson Hine LLP; New York

Bankruptcy Litigation and Ethics (Joint)

Ooooooops... I Didn't Really Mean to Send That!  Now What Do I Do? -- The Ethical Issues and Practical Problems that Arise in Bankryptcy Litigation When Email Goes Awry
E-mail enables attorneys to work with efficiency that would have been unimaginable only a decade ago. Mistakes, however, can happen with equal efficiency. This joint presentation by the Bankruptcy Litigation and Ethics Committees will analyze the ethical rules implicated by, and appropriate responses to, the accidental disclosure of confidential information by e-mail to opposing counsel, and will also discuss the changes to the Federal Rules of Civil Procedure that deal with this issue. The panel will also propose solutions for, and address common sense practices to resolve, the problems that arise when someone “hits the wrong key.”

• Hon. Barry Russell—Moderator
U.S. Bankruptcy Court; Los Angeles
• Karl Shaffer
Carter Ledyard & Milburn LLP; New York
• Steven R. Skirvin
Dion-Kindem & Crockett; Woodland Hills, Calif

Bankruptcy Taxation

Chapter 11 Plans and Preservation of NOLs, Tax Implications of Liquidating Trusts and other Current Issues

Stephen M. Brecher
Weiser LLP; Greenwich, Conn.
T. Keith Fogg
Internal Revenue Service; Richmond, Va. 
Matthew Schwartz
Bederson & Company, LLP; West Orange, N.J.
David Howard Stein
Duane Morris LLP; Newark, N.J.

Business Reorganization and Finance and Banking (Joint)

There Is a New Seat at the Bankruptcy Table: Who Are the New Lenders in Bankruptcy, What Is Their Role, and How Will They Affect Bankruptcy Cases in the Future?
This joint panel will discuss the changing role of hedge funds and the future impact they will have in bankruptcy court. Recent cases, including the Dura Automotive case, will be discussed.

Suzanne S. Yoon—Moderator
CIT Corporate Finance National Restructuring Group; Chicago
David S. Lorry
Chrysalis Capital Partners, LP; Philadelphia
Peter V. Pantaleo
Simpson Thatcher & Bartlett LLP; New York
Hon. James M. Peck
U.S. Bankruptcy Court; New York

Commercial Fraud Task Force

How to Detect the “Perfect” Bankruptcy Fraud and Uncovering the “Perfect” Bankruptcy Crime

Consumer

Section 707(b) after BAPCPA: What Comes In? What Goes Out? A Review of the Cases on Income and Expense Calculations under the Means Test

Hon. Eileen W. Hollowell
U.S. Bankruptcy Court; Tucson, Ariz.
Dianne C. Kerns
Chapter 13 Trustee; Tucson, Ariz.
Mark A. Redmiles
Office of the U.S. Trustee; Kensington, Md.

Financial Advisors, Investment Banking and Professional Compensation (Joint)

Emerging Issues in the Retention and Compensation of Professionals: Is the Playing Field Changing?
Is getting retained and paid becoming so difficult that professionals need to think twice before accepting an engagement?  Are changes hurting the Companies that most need the assistance of good financial and legal advisors?  Is there a bigger risk of fee collection difficulties in bankruptcy than out-of-court?  Is it fair?
Interim Report on the ABI Chapter 11 Professional Fees Study
A major report on the progress of the Fee Study and some initial draft findings will be presented.  This is planned to be the most important preliminary report on the Fee Study prior to the release of the Final Fee Study results in late 2007.  Please plan on attending this important report on Chapter 11 professional fees.

Hon. James D. Gregg - Moderator
U.S. Bankruptcy Court; Grand Rapids, Mich.
Richard A. Chesley
Paul, Hastings, Janofsky & Walker LLP; Chicago
Richard M. Cieri
Kirkland & Ellis LLP; New York
Peter S. Fishman
Houlihan Lokey Howard & Zukin; San Francisco

Health Care

Patient Care Ombudsman: The Myth and the Reality

Robert A. Guy Jr. - Moderator
Waller Lansden Dortch & Davis, LLP; Nashville, Tenn.
Roberta DeAngelis
Executive Office for U.S. Trustees; Washington, D.C.
William Isele
Office of the Ombudsman for the Institutionalized Elderly; Trenton, N.J.
Brent Martin
XRoads Solutions Group; Santa Ana, Calif.
Keith Shapiro
Greenberg Trauig; Chicago

Legislation

Follow-up to the Plenary Session: What Does Congress Have in Store for the Bankruptcy Code?

Pensions and Benefits in Bankruptcy

What hath PPA wrought? The impact of the Pension Protection Act of 2006 on troubled and bankrupt companies
PPA 2006 increases required pension contributions for most companies, expands reporting and disclosure obligations, and imposes benefit restrictions on pension plans that are not well-funded. Our panel will discuss the financial and legal effect of these new requirements, and the impact they are having on the dynamics of bankruptcies involving underfunded pension plans.

Carol Connor Flowe - Moderator
Arent Fox PLLC; Washington, DC
James S. Feltman
Mesirow Financial Consulting, LLC; Miami
David Richard Seligman
Kirkland & Ellis LLP; Chicago
Charles Finke
PBGC; Washington, DC

Public Companies and Claims Trading

Adequate Representation: When Should a Court Order the U.S. Trustee to Change the Membership of an Official Committee?
What facts should cause a bankruptcy judge, pursuant to 11 U.S.C. §1102(4) to order the U.S. Trustee to change the membership of a committee appointed under §1102(a)(1) in order to ensure adequate representation of creditors or equity securityholders? What is adequate representation? What consideration should be given to proportionality, particularly in cases where bondholders or other creditors hold large claims? Alternatively, can the court order the U.S. Trustee to appoint one or more additional official committees? Cases considered will include Delphi, Werner and Diocese of Spokane.

Real Estate

Interests Impervious to Bankruptcy
We will discuss interests in real property, such as eminent domain powers, unrecorded tenancies in possession, easements and contracts that run with the land, that are impervious to bankruptcy powers such as contract rejection, free and clear sales and the avoiding powers.

John Collen
Duane Morris LLP; Chicago
Alec P. Ostrow
Stevens & Lee PC; New York
Scott N. Opincar

McDonald Hopkins Co. LPA; Cleveland
Patrick E. Mears
Barnes & Thornburg LLP; Grand Rapids, Mich.

Uniform Commercial Code

Perfection of Security Interests in Securitized Assets after In re Commercial Money Center
The subject matter will include a discussion of securitized transactions and the changes to Article 9 that were designed to address the special problems associated with asset securitization. There will also be a discussion of the recent decision by the 9th Circuit B.A.P. in the case of In re Commercial Money Center Inc., and the flaws in Article 9 that were laid bare by that ruling.

David Snyder
Visiting professor at Washington College of Law; Washington, D.C.
Brent Cohen
Rothgerber Johnson & Lyons LLP; Denver

Unsecured Trade Creditors and Young & New Members (Joint)

Fifty Ways to Leave your Debtor: Lesser Known Remedies for Jilted Creditors
Remedies to be discussed will include state and federal trust fund laws (i.e., PACA, Builders Trust Fund), various lien and Article 2 rights and remedies), setoff and recoupment, as well as other hidden treasures that are not always at the tip of a creditor's tongue when faced with the financially troubled customer. The panel will cover the practical aspects of utilizing these remedies to protect creditors' rights, inside and outside of the bankruptcy arena, and present a debtor's perspective on how to address and react to these remedies when asserted against it. This is truly a presentation not to be missed anyone, whether the jilter or the jiltee.

Bruce S. Nathan
Lowenstein Sandler PC; New York
Brian L. Shaw
Shaw Gussis Fishman Glantz Wolfson & Towbin LLC; Chicago
Deborah L. Thorne
Barnes & Thornburg LLP; Chicago

 

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