by: R. Travis Santos
Emory University School of Law; Atlanta
Editor’s Note: The following article, “Credit Default Swaps and Plan Confirmation,” won the prize for second place in the First Annual ABI Bankruptcy Law Student Writing Competition. The article describes the increasingly possible scenario of the interaction between credit default swap agreements and confirmation of a chapter 11 plan. The author, R. Travis Santos, is a student at Emory University School of Law. In addition to recognition and publication of his article in the Bankruptcy Litigation Committee Newsletter, Mr. Santos will receive a cash award of $750 and a one-year ABI membership.
The First Annual ABI Bankruptcy Law Student Writing Competition was headed by the Honorable Judith K. Fitzgerald,U.S. Bankruptcy Court for the Western District of Pennsylvania, who is the Special Projects/Task Force Leader for the Bankruptcy Litigation Committee, with assistance from the leadership and members of the Bankruptcy Litigation Committee.
Picture this: One of the nation’s largest automakers desperately needs some credit to stay afloat in the midst of dire economic times. Rather than relying on the federal government for a bailout, the giant automaker’s executives request credit from JP Morgan so it can survive. Since the automaker is a long-standing client and the two parties have maintained a strong relationship, JP Morgan purchases $75 million worth of the troubled automaker’s bonds. However, JP Morgan cannot take on the entire risk of the investment, especially given the tightening credit markets. In order to extend the credit, JP Morgan realizes it needs to consider some form of hedging.
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The 16th Annual Northeast Bankruptcy Conference will be held in conjunction with the 4th Annual Northeast Consumer Forum July 16-19 at the historic Mount Washington Resort in Bretton Woods, New Hampshire. This year's program offers more than 8 hours of CLE and features a roster of the best regional speakers. Outdoor enthusiasts and families can take advantage of an array of activities as well. Two of the sessions will be of particular interest to the committee.
Panelists in the session "Evidence" will discuss the Federal Rules of Evidence and how to best authenticate and present evidence and testimony from experts and lay witnesses. Elizabeth J. Austin of Pullman & Comley LLC in Bridgeport, Conn. will moderate. Panelists will include Hon. Frank J. Bailey of the U.S. Bankruptcy Court (D. Mass.) in Boston, Edward S. Cheng of Sherin and Lodgen LLP in Boston, Hon. Joan N. Feeney of the U.S. Bankruptcy Court (D. Mass.) in Boston, Julia Frost-Davies of Bingham McCutchen LLP in Boston, Robert J. Kerwin of Tarlow, Breed, Hart & Rodgers, PC in Boston and Kenneth S. Leonetti of Foley Hoag LLP in Boston. Please click the link below to view the relevant materials.
Evidence
Panelists in the session "Asset Protection in Bankruptcy - The Good, The Bad and The Ugly" will discuss the two new provisions concerning asset protection that were added to the Bankruptcy Code with BAPCPA. Panelists will include Peter J. Haley of Nelson Mullins Riley & Scarborough in Boston, Adam L. Ruttenberg of Looney & Grossman LLP in Boston and Hon. Elizabeth S. Stong of the U.S. Bankruptcy Court (E.D.N.Y.) in Brooklyn, N.Y. D. Ethan Jeffrey of Hanify & King, PC in Boston will moderate. Please click the link below to view the paper by Mr. Ruttenberg.
Asset Protection: The BAPCPA Amendments
The 5th Annual Mid-Atlantic Bankruptcy Workshop will be held August 6-8 at the Hotel Hershey in Hershey, Pa. This year's program will offer seven hours of CLE credit, networking opportunities and the region's best speakers who will cover all of the topics you need to know in this economic climate. In addition to the theme park, guests can take advantage of championship golf, a luxurious spa and all the amenities expected of a truly grand hotel. One of the sessions will be of great interest to the committee.
Panelists in the session "Prove It! Evidence in Bankruptcy Proceedings" will discuss the recent prominence of e-discovery in bankruptcies as well as changes made to the Federal Rules of Civil Procedure and Rule 502 of the Federal Rules of Evidence that directly affect e-discovery. Hon. Mary Ann Whipple of the U.S. Bankruptcy Court (N.D. Ohio) in Toledo will moderate. Panelists will include Robert S. Brady of Young Conaway Stargatt & Taylor, LLP in Wilmington, Del., James S. Feltman of Mesirow Financial Consulting, LLC in Miami, John E. Lucian of Blank Rome LLP in Philadelphia and Jeffrey C. Wisler of Connolly Bove Lodge & Hutz LLP in Wilmington, Del. Please click the link below to view the relevant materials.
Prove It! Evidence in Bankruptcy Proceedings
