Committee Educational Program Descriptions ASM 2007
– The Impact of Changing Financial Markets, Credit Bidding, BAPCPA
and Other Recent Developments
Crystal Capital; Boston
• Robert P. Simons
Reed Smith; Pittsburgh
• Sharon L. Levine
Lowenstein Sandler PC;
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
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
Section 707(b) after BAPCPA: What Comes In? What Goes Out? A
Review of the Cases on Income and Expense Calculations under the Means
• 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
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
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
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;
• Brent Martin
XRoads Solutions Group; Santa Ana, Calif.
• Keith Shapiro
Greenberg Trauig; Chicago
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.
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
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,
• Brent Cohen
Rothgerber Johnson & Lyons LLP; Denver
Unsecured Trade Creditors and Young & New Members (Joint)
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
• 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