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Bankruptcy 2007: Views from the Bench
 
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Meetings & Events

Friday, March 2, 2007

8:30–9:00 am

Registration/Breakfast

Sponsored by Milbank, Tweed, Hadley & McCloy, LLP

9:00–9:15 am

Introductory Remarks

9:15 am –10:30 pm

Pension Promises, Restructuring Reform and Municipal Insolvency The restructuring of millions of dollars of private pension liabilities in large chapter 11 bankruptcy cases has given rise to significant concerns for public pensioners. The panel will discuss the Pension Protection Act of 2006, which contained sweeping changes to pension plan maintenance and funding that will significantly alter the way distressed issuers can restructure pension obligations. The panel will also address the role of pension liability in the municipal insolvency context.

  • Moderator: Marc Bilbao, Imperial Capital
  • Prof. Christopher Cameron, Southwestern University School of Law
  • Alen H. Martin, Sheppard, Mullin, Richter & Hampton LLP
  • Victor Vilaplana, Foley & Lardner LLP

10:30–10:45 am

Coffee Break

10:45–12:00 noon

Debating Inter-creditor Agreements: Valuation and Control Issues

In recent years, debt-financed transactions involving complex and sophisticated inter-creditor and subordination agreements have become more commonplace. When today’s highly-leveraged enterprises fail, will bankruptcy courts enforce these agreements in the way they were intended? Bankruptcy attorneys Kenneth N. Klee (Klee, Tuchin, Bogdanoff & Stern, LLP) and Michael Lurey(Latham & Watkins, LLP) will debate the interpretation, implications and enforceability of valuation and control issues in inter-creditor agreements. Discussion by:

  • Michael H. Goldstein
    Stutman, Treister & Glatt, P.C.
  • Lisa Hill Fenning
    Dewey Ballantine LLP
  • Hon. Vincent P. Zurzolo
    USBC C.D. Cal., Los Angeles

12:00–1:15 pm

Luncheon Presentation: The Economic Effects of the Global War on Terror

Sponsored by Peitzman, Weg & Kempinsky LLP and Stutman, Treister & Glatt, P.C.

1:30–2:45 pm

The Vicinity of Insolvency: Recent Developments on the Ethical and Fiduciary Duties of Officers, Directors and Other Parties

Recent decisions may cast a shadow on the notion that fiduciary duties are owed to creditors once a company is in the “vicinity of insolvency.” The panel will discuss and debate recent decisions from Delaware and other jurisdictions concerning the scope and extent of the fiduciary duties of officers, directors and other parties to a corporation that is in the vicinity of insolvency. Topics will include the viability of “deepening insolvency” as a cause of action and measure of damages, the relevance and applicability of the business judgment rule, and the standing of creditors to assert breach-of-fiduciary-duty claims.

  • Moderator: Marc J. Winthrop
    Winthrop Couchot PC
  • Peter J. Gurfein
    Akin Gump Strauss Hauer & Feld LLP
  • Edward Wolkowitz
    Robinson, Diamant & Wolkowitz, APC
  • David B. Shemano
    Peitzman, Weg & Kempinsky LLP

2:45–3:00 pm

Coffee Break

3:00–4:15pm

Gearing Up for Real Estate Bankruptcies?

The once-soaring real estate market is slowing, and as money markets tighten and interest rates rise, many are expecting the real estate market to implode. The panel will discuss and debate the conditions of the commercial real estate market and explore the economic and legal conditions that may drive the next big wave of real estate bankruptcies. The panel will debate how the Bankruptcy Code amendments may influence and affect the strategies of constituents in real estate bankruptcies.

  • Moderator: Victor A. Sahn
    SulmeyerKupetz, APC
  • Debra Ann Riley
    Allen Matkins Leek Gamble Mallory & Natsis LLP
  • Jeffrey M. Reisner
    Irell & Mannella LLP
  • Peter Corbell
    Chanin Capital Partners LLC
 

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