Program Schedule

Registration (continued through program) and Continental Breakfast (Registrants only — included in registration fee).

Recent Developments in Bankruptcy Law

SPEAKER: Professor Jeffrey Morris

Dealing with the Mortgage Hangover:  Mortgage Servicing Issues and Related Rule Changes: Accuracy and itemization of interest, fees and charges, escrow arrearages/shortages, and cure amounts in proofs of claim; attachment of note and mortgage to proofs of claim and the chain of title dilemma inherent in securitized and transferred mortgages; payment changes arising from escrow account and interest rate adjustments and the need for timely notice and an opportunity for objection; end-of-case determination of mortgage default cure and related bar on evidence; MERS, robo-signing, and other foreclosure-related issues in the context of stay relief; role of Chapter 13 Trustees and the United States Trustee in the absence of debtor action; impact of amended Bankruptcy Rules 3001(c) and 3002.1, of standing orders and local rules, and of  FRB, OCC, FDIC, OTS, FTC and CFPB orders, investigations and settlements on bankruptcy and default servicing.

SPEAKER: Honorable Margaret Mahoney

Putting the Case to Bed:  Exit Strategies in Liquidating Chapter 11’s: Pros and cons of sales through liquidating plans versus section 363; “structured” dismissal versus conversion after liquidation through section 363; issues concerning preservation and prosecution of estate claims by plan trustee, chapter 7 trustee and/or creditors committee; potential tax issues regarding various approaches; protection of assets under liquidating plan during post-confirmation administration phase; strategies for pursuit of creditor claims against third parties under liquidating plans; issues regarding exculpation and third party releases; funding the expenses of administering the liquidating estate.

SPEAKER: Kristopher Hansen

10:45 - 12:25

BREAKOUT
SESSIONS

Expert Witnesses and Other Evidence Issues in Bankruptcy Proceedings: This discussion will examine evidence issues that arise in bankruptcy proceedings, including the effective use of expert witnesses. 

SPEAKER: Honorable Michael Williamson

Recent Developments for Consumer Bankruptcy Practitioners Including Supreme Court and Appellate Court Cases: Decisions and pending cases in the Supreme court, Courts of Appeal and Bankruptcy Appellate Courts, including the effects of Lanning, Ransom, Schwab and Hamlin.

SPEAKER: D. Sims Crawford

Hardship Discharge for Chapter 13 Debtors and discharge of Student loans: Are student loans ever dischargeable in a chapter 7 or 13; service issues; requirements for filing and adversary proceeding; explanation and application of the William C. Ford program; effect of the timing of the filing of the complaint for hardship discharge.

SPEAKER: Alane Becket

Coffee Break (Registrants only — included in registration fee).

Selected Issues in Chapter 7 Cases:  Reaffirmations; redemptions; valuations; homestead  exemptions; burden of proof; discharging homeowners association fees; exempting full value of assets; exempting total amount of life insurance cash surrender value; violations of automatic stay; fraudulent transfers; dischargeable divorce obligations; section 707(b) Motions to dismiss; computing self-employed business income and expenses; conversion; avoiding liens.

SPEAKER: Douglas Jacobs

Dischargeability of Taxes in Chapter 7 and Chapter 13: Debtor's ability to discharge individual tax debt under Chapters 7 and 13, personal income, sales tax, property tax; requirements for the filing of adversary to determine the dischargeability of tax debt; proper attention to the filing of the underlying case and the effect of dischargeability; determining classification of priority, secured, unsecured, penalties and interest; effect of the super discharge.

SPEAKER: Professor Jack Williams

Cocktail Party (Registrants and Spouses)

Recovery Actions in the Wake of the 2008 Recession (Part A Fraudulent Transfers): This presentation (as well as the Part B presentation noted below) will focus on recovery actions asserted by trustees in the aftermath of the 2008 global recession.  Topics discussed here will include Fraudulent transfer actions brought by the bankruptcy estate under bankruptcy and state law; what qualifies as reasonably equivalent value; establishing the defense of good faith; presumptions and issues unique to Ponzi schemes; issues commonly presented in seeking to set aside leverage buyouts; tracing the source of cash and the receipt of benefit when the payment is made by a member of a corporate family; savings clauses; and solvency opinions.

SPEAKER: William Russell

Recovery Actions in the Wake of the 2008 Recession (Part B Commercial Tort Actions): This presentation will follow the fraudulent transfer discussion noted above in Part A.  Topics discussed here will include: Actions by the bankruptcy estate against the debtor’s officers, directors, professionals, and others; standing; in pari delicto; aiding and abetting; the tort of “improvident lending”; and deepening insolvency.

SPEAKER: Mark Ellenberg

When You Need it Most:  Directors and Officers Insurance in Bankruptcy: Indemnification of a corporate director against liability arising from his negligence or other wrong-doing; explanation of the differences in Side A, Side B, and Side C coverages; “claims made” policies and policies providing tail coverage; policy excluding claims based on self-dealing or dishonest conduct or claims arising from known but undisclosed facts and circumstances; duty of insurer to pay defense costs for claims of dishonest conduct by directors and officers; allocation of proceeds between covered and non-covered claims or between the insured officers and directors and the insured corporation; factors determining whether insurance proceeds are property of the estate so that the automatic stay prevents a director from having his or her defense costs and liability paid under the terms of the insurance; benefits to officers and directors of “drop-down” insurance; determining whether a claim brought against a director by an insured corporate debtor or its trustee is excluded from coverage under the “insured against insured” exclusion.

SPEAKER: Harley Riedel

Preserving the Bankers’ Bargain:  Intercreditor Agreements and Bankruptcy:  This session will examine the recent bankruptcy court caselaw regarding the enforceability of intercreditor agreements; issues to consider in negotiating and drafting intercreditor agreements; and discuss recent trends and agreement formats.

SPEAKER: Kristopher Hansen

Cocktail Reception (Registrants and Spouses)

Continental Breakfast (Registrants only - included in registration fee).

What’s Your Preference?  Selected Issues in Avoidance Actions:  Power of bankruptcy court to authorize official committees, examiners, post-confirmation liquidating agents, and estate representatives to bring avoidance actions under derivative standing; § 546(e)'s safe harbor for securities settlement payments and QSI Holdings; factors bearing on “good faith” determination; a review of the “ordinary course defense” 7 years after BAPCPA; availability of “ordinary course of business” defense in connection with payments under settlement or forbearance agreements;  duty of plaintiff to investigate affirmative defenses prior to filing avoidance action; effect of substantive consolidation on new value defense to preference claims; §§ 365 and 502(d) and impact of assumption of contracts and leases and of claim allowance process on avoidance claims.

SPEAKER: William Russell

What We Don’t Know Can Hurt Us: Tax Issues That Impact Bankruptcy Cases: The bankruptcy estate of an individual as a new taxable entity in chapters 7 and 11; the individual debtor’s right to elect short tax year; the difference in tax consequences between the estate’s sale and the estate’s abandonment of encumbered property where the built-in tax liability exceeds the equity; the tax consequences of discharge of indebtedness by individuals; the tax effects of corporate reorganization in which debt is discharged or ownership is changed.

SPEAKER: Professor Jack Williams

Anna Nicole Smith and the Supreme Court: the Jurisdictional Impact of Stern v. Marshall: This presentation will discuss the rationale and ramifications of the Supreme Court’s decision that Section 28 U.S.C. § 157 is unconstitutional in categorizing as a core matter a counterclaim to an objection to claim; the authority of bankruptcy courts to adjudicate a preference action where the defendant has filed no claim against the estate; the authority of the bankruptcy court to determine damages due on a non-dischargeable liability; the right to a jury trial in preference and other core actions; what constitutes consent to the bankruptcy judge’s adjudicating a non-core matter; supplemental and post-confirmation jurisdiction.

SPEAKER: Honorable Michael Williamson

10:45-12:25

BREAKOUT
SESSIONS

The Burdens of Technology: Attorney Duties in Electronic the Electronic Age: This presentation will discuss the many ways that technology has impacted an attorney’s duties and obligations.  Topics will include a discussion of a lawyer’s duties related to the awareness and preservation of a client’s electronically stored information, the distinction between reasonably accessible and unaccessible electronically stored information, and the ethical handling of inadvertently produced documents and unintended emails.

SPEAKER: Reginald Jackson

Lunch (Registrants only — included in registration fee).

Business Chapter 13 cases: the self-employed Debtor: What constitutes a "business case" under Chapter 13; Factors to look for when determining if the trustee will deem case to be a business case; ensuring that debtor understands obligations related to the business during the case; how to incur trade debt during the case; what documents must debtor provide the trustee; necessary disclosures in statement of financial affairs and schedules; rights and powers of debtor engaged in business; duties of debtor engaged in business.

SPEAKER:Douglas Jacobs

All you ever need to know about the notice requirements in Chapter 7's and Chapter 13's: Different timeline and notice requirements in chapter 7 and 13; notice periods affecting debtor and creditor attorneys, chapter 7 and chapter 13 trustees, and the US Trustee; proceedings subject to the 21 day rule, the 28 day rule, and other notice requirements; content of notices and requirements for service.

SPEAKER: Honorable Neil Olack

Ancillary Litigation- Personal Injury/Employment Discrimination/ Workers Comp/Social Security): Required pleadings and disclosures in Chapter 7 and 13 cases; ramifications of failure to disclose and failure to have special counsel appointed; who is the real party in interest; how and when to claim exemptions; reasons for increases in employment discrimination claims; discrimination regarding initial employment of a past debtor—who can and cannot discriminate; ramifications of discrimination regarding an existing employee who files a bankruptcy case.

SPEAKER: D. Sims Crawford

Asserting Claims in Chapter 7’s and Chapter 13’s: Requirements of a properly filed claim; standing to file; differences in assignments for real estate and credit cards; attachments necessary to file with the court; proper proof of the debt; proving ownership and standing; the effect of FRBP 3001(f) and the procedure for obtaining a prima facie claim; when does the burden shift and what is necessary to prove your debt regarding an objection to claim.  

SPEAKER: Alane Becket

Recent Developments in Chapter 11 Bankruptcy Law

SPEAKER: Professor Jeffrey Morris

Planning to Plan:  Strategic Formulation of Chapter 11 Plans: Plan support agreements; disqualifying votes of creditors who have loaned to own and who reject the plan, or who otherwise have purchased claims in “bad faith”; gifting restrictions; separate classification of creditors with equal priority; coercive plan provisions; preserving causes of action; post-confirmation jurisdiction.

SPEAKER: Mark Ellenberg

The Bankruptcy “For Sale” Sign:  Recent Developments in 363 Sales: This presentation will include an overview of best practices and recent developments in the planning and execution of 363 sales.

SPEAKER:David Neff

Chapter 11 Workshop: Drafting Disclosure Statements and Chapter 11 Plans: This session will discuss the “must haves” and “should haves” of Chapter 11 Plans and disclosure statements, including considerations for classification of claims, treatment of priority claims, fair and equitable treatment of secured claims and satisfying the absolute priority rule.

SPEAKER: Harley Riedel

Continental Breakfast (Registrants only — included in registration fee).

Interest Rates Under Till: After Eight Years, What Does Till Tell Us?  The Supreme Court's 2004 decision in Till v SCS Credit Corp addressed the appropriate means to adduce the "cram-down" rate of interest to be applied in Chapter 13 plans. How have lower courts fashioned the appropriate interest rate to secured claims being treated in Chapter 13 plans based on the teachings in Till?  Have courts in the wake of Till also found its reasoning instructive or applicable in Chapter 11 cases, and, if so, to what extent?

SPEAKER: Reginald Jackson

Steering Clear of the Big Stop Sign:  A Review of the Automatic Stay: Scope and duration of automatic stay; freezing and offsetting checking accounts; pre-bankruptcy waivers of the automatic stay; effect of automatic stay on divorce proceedings, criminal prosecutions for bad checks, governmental actions to obtain and enforce money judgments and landlord actions to evict; special provisions with respect to single asset real estate cases and small business cases; damages for violation of the stay; retroactive relief from automatic stay.

SPEAKER: Honorable Margaret Mahoney

The Retailer’s Last Gasp:  “Going Out of Business” Sales in Bankruptcy: Permissibility of liquidating  substantially all of a debtor’s inventory at one or more retail locations by a debtor or trustee under § 363(b) and/or § 704(1) through store closing or going-out-of-business sales;  enforceability of anti-GOB sale provisions in leases and guidelines adopted by bankruptcy courts to resolve landlords’ concerns;  federal bankruptcy law pre-emption of state and local laws or ordinances restricting GOB sales and related issues regarding sovereign immunity and applicability of consumer protection laws; notice and due process issues.

SPEAKER: David Neff

Extremism in the Defense of Your Client May In Fact Be A Vice: Professionalism Enhances The Effectiveness of Your Advocacy:  How to earn the respect of the court and your fellow lawyers; the rewards of credibility; balancing candor and advocacy; under what circumstances are courts persuaded by briefs that attack the veracity of opposing lawyer or the character of the opposing party; avoiding hyperbole and exaggeration in briefs and arguments; when does zealous advocacy become over-zealous?

SPEAKER: Honorable Neil Olack