Business Reorganization Committee

ABI Committee News

The 27th Annual Spring Meeting

The 27th Annual Spring Meeting: Washington, D.C. like you have never seen it before!  Located a few minutes from Capitol Hill, on the historic Potomac River, the Gaylord National Resort & Spa offers the most deluxe meeting and event space in the area.  This year's conference will be held April 1-4 and will have a special focus on the tough policy choices facing the new administration and Congress. Click here to register today! 

The Business Reorganization Committee will hold a session on Thursday afternoon at 4:00 p.m. entitled "Class Actions in Chapter 11 Cases," where they will discuss proofs of claim, settlement and confirmation in chapter 11 cases.  Panelists will include Corinne Ball of Jones Day in New York, Kenneth H. Eckstein of Kramer Levin Naftalis & Frankel LLP in New York, Leonard H. Gerson of Leonard H. Gerson, Esq. in New York, Michael H. Goldstein of Greenberg Traurig, LLP in Santa Monica, Calif. and Kenneth S. Marks of Susman Godfrey, LLP in Houston.  Please click the links below to view materials for the session. The complete materials for the Annual Spring Meeting will be posted a week before the conference.

Class Claims: Estimation, Classification and Confirmation
Expanding the Automatic Stay to a Debtor's Officers and Directors
Class Actions in Chapter 11 Cases
Settlement of Class in Chapter 11 Cases

The session, "SOS for Retail: Only the Strongest Survive," is also of interest to the committee.  Panelists will discuss the current economy's effect on retail bankruptcies as well as issues involving trust fund taxes and gift certificates that impact nearly every retail bankruptcy case.  Jeffrey N. Pomerantz of Pachulski Stang Ziehl & Jones LLP in Los Angeles will moderate the session.  Panelists will include Hon. Kevin R. Huennekens of the U.S. Bankruptcy Court (E.D. Va.) in Richmond, Robert L. LeHane of Kelley Drye & Warren LLP in New York, Scott Peltz of RSM McGladrey in Chicago and Edward Stenger of AlixPartners LLP in New York.  Please click the link below to view the paper written by Mr. Pomerantz and Mr. LeHane.

SOS for Retail: Only the Strongest Survive

Panelists in the plenary session "The State of the Real Estate Industry and What's Next in Bankruptcies and Restructurings," will discuss the effects of the credit crunch on the homebuilding industry and how real estate finance law resolves issues in a distressed real estate investment case.  Panelists will include Neil R. Aaronson of the Hilco Organization in Northbrook, Ill., Matthew Bordwin of Keen Consultants - The Real Estate Division of KPMG Corporate Finance LLC in Melville, N.Y. and William N. Lobel of Irell & Manella LLP in Newport Beach, Calif.  Debra Ann Riley of Allen Matkins, et al in San Diego will moderate the session.  Please click the links below to review a paper by Mr. Lobel and other relevant materials.

Effect of the Credit Crunch on the Homebuilding Industry
The New Age of Real Estate Loan Defaults

Panelists in the plenary session "Third-party Releases, Exculpation Provisions, Plan Injunctions and Postconfirmation Jurisdiction," will debate whether courts have the authority to enjoin a non-consenting creditor's claims against a non-debtor to facilitate a chapter 11 reorganization, threshold considerations and tests for obtaining third-party releases.  C.R. "Chip" Bowles Jr. of Greenebaum Doll & McDonald PLLC in Louisville, Ky. will moderate the session.  Panelists will include Jacob C. Cohn of Cozen O'Connor in Philadelphia, Donald L. Gaffney of Snell & Wilmer, LLP in Phoenix, Hon. Barbara J. Houser of the U.S. Bankruptcy Court (N.D. Tex.) in Dallas and Joel H. Levitin of Cahill Gordon & Reindel LLP in New York.  Please click the link below to view the paper by Mr. Gaffney.

Third-Party Releases

VALCON 09

VALCON 09 takes place February 25-27 at the luxurious Four Seasons Hotel in Las Vegas.  This year's theme is "Risk, Restructurings, Real Estate and Retail," and includes premier speakers in distressed debt, restructuring and valuation.  Two of the sessions are of particular interest to the committee.

Panelists in the session "Valuation Case Law Update: Legal and Financial Perspectives," will discuss recent and significant cases that have had an impact on valuation in bankruptcy courts.  Andrew I. Silfen of Arent Fox LLP in New York will moderate the session.  Panelists will include Lisa G. Beckerman of Akin Gump Strauss Hauer & Feld LLP in New York, William Q. Derrough of Moelis & Company in New York and ABI's Resident Scholar, Prof. Jack F. Williams of BDO Consulting in Atlanta.  Please click the link below to view the materials prepared by Mr. Silfen.

Valuation Case Law Update: Legal and Financial Perspective - Plan Valuation Issues

The session, "Advising Boards in an Illiquid World," will give insight into how corporate boards of directors should protect themselves from creditors by observing the business judgment rule and maintaining fiduciary duties.  Panelists will include Evelyn H. Biery of Fulbright & Jaworski LLP in Houston, Marcia L. Goldstein of Weil, Gotshal & Manges LLP in New York, Robert S. "Steve" Miller of Delphi Corporation in Troy, Mich. and E. Norman Veasey of Weil, Gotshal & Manges LLP in Wilmington, Del.  Peter S. Kaufman of Gordian Group, LLC in New York will moderate.  Please click the link below to view the paper by Mr. Veasey.

Counseling the Board of Directors of a Delaware Corporation in Distress