THIRTY-SEVENTH ANNUAL SOUTHEASTERN BANKRUPTCY LAW INSTITUTE APRIL 14 16, 2011

Transcription

1 THIRTY-SEVENTH ANNUAL SOUTHEASTERN BANKRUPTCY LAW INSTITUTE APRIL 14 16, 2011 THURSDAY, APRIL 14, 2011 (Morning Session) Gary W. Marsh, Presiding 8:00-9:00 Registration (continued through program) and Continental Breakfast (Registrants only included in registration fee). 9:00-9:05 Welcome by Gary W. Marsh, President, Southeastern Bankruptcy Law Institute, Inc. 9:05-9:45 The Select New Cases and Other Recent Developments in Bankruptcy About Which All Practitioners Should Know SPEAKER: Professor David G. Epstein 9:45-10:25 It s All About the Rules Review of critical new changes: 3001 and on claims and mortgage provisions; notice of payment change; post-petition fees and expenses; Form 10 changes; bulk claims and revolving credit; 3007(a) on negative notice; 7056 on summary judgment; Form 240A reaffirmation agreement; 2019 on disclosure of creditors and equity security holders in chapters 9 and 11; other rule changes effective 12/2010. SPEAKER: Honorable Margaret A. Mahoney 10:25-10:45 Coffee Break (Registrants only included in registration fee). 10:45-11:25 Intellectual Property in Bankruptcy Intellectual property under the Bankruptcy Code; defining intellectual property; selling it, and protecting it if you are a licensee and the licensor is a debtor; update on recent rulings impacting the treatment of intellectual property under the Bankruptcy Code including limitations on assumption and assignment. SPEAKER: Robert M. Charles, Jr.

2 10:45-12:25 BREAKOUT SESSIONS Breakout Session A Ira D. Gingold, Presiding 10:45-12:25 Chapter 7 Trustees Duties and Debtors Responsibilities SPEAKERS: David Leibowitz and Honorable Laura K. Grandy Breakout Session B Lisa Ritchey Craig, Presiding 10:45-12:25 Appeals: "The Road to the Supreme Court" SPEAKERS: Jan Hamilton and Jill Olsen 11:25-12:25 Litigation: Ethics: Ethical Issues in Retention of Professionals Duties of professionals paid by the estate, including parties who make a substantial contribution under 503(b)(3)(D); disinterestedness under 327; actual conflicts; disclosure, eligibility and disqualification; addressing issues of unpaid pre-petition bills or potential preferences; non-lawyer professionals and consultants under 328(a) or 363(b); scope of 327(e) and use of special counsel for general bankruptcy matters. SPEAKER: Honorable Margaret Cangilos-Ruiz 12:25-1:45 Lunch (Registrants only included in registration fee). THURSDAY, APRIL 14, 2011 (Afternoon Session) ELECTIVE PROGRAMS A AND B Program A (Consumer Workshop) Ira D. Gingold, Presiding 1:45-2:25 Recent Developments for Consumer Bankruptcy Practitioners, Including Supreme Court and Appellate Court Decisions SPEAKER: Honorable Frank J. Santoro 2:25-3:05 Means Test Income And Expenses Whether current monthly income includes disbursement from retirement account, tax refund, unemployment compensation, Railroad Retirement Act benefits, and bonuses; considering household number including related and unrelated persons residing in residence; including expenses upon surrendering; deducting tax withheld rather than tax liability; averaging childcare deduction. SPEAKER: John F. Cannizzaro 3:05-3:25 Coffee Break (Registrants only included in registration fee). 3:25-4:05 Chapter 13 Issues Does good faith still exist under BAPCPA; treatment of student loans; form plans and additional language; avoiding and resolving objections to confirmation; permissible modifications, discharge issues; void(able) mortgages; interest rate issues on secured debt; applicable commitment period-

3 temporal or a multiplier? SPEAKER: D. Sims Crawford 4:05-4:45 Home Mortgages Hamp modifications, status of Fannie and Freddie; Countrywide settlement; Neighborhood Assistance Cooperation of America; what programs exist to assist debtors; what do they do, and do they work; effect of modifications on confirmed plans; potential increased dividend to unsecured creditors; the processes and how to do modifications. SPEAKER: Honorable Margaret A. Mahoney 5:00-6:30 Cocktail Reception (Registrants and Spouses). Program B (Chapter 11 Workshop) Laura E. Woodson, Presiding 1:45-2:25 BAPCPA s Actual Impact in Chapter 11 Cases Section 366 utility deposits; 1121 plan exclusivity; 365 lease assumption/rejection for non-residential real property; 365 shopping center lease restrictions; 1104(e) appointment of trustees; 1112 expanded grounds dismissal or conversion; 1114 retirees' committees and retiree benefits; 1125 adequate information; 1141 discharge of individual debtors; 1141 discharge of fraud and tax claims against corporate debtors; 1129 tax claims. SPEAKER: Robert M. Charles, Jr. 2:25-3:05 Reclamation Claims: A Survey Five Years After BAPCPA Developments and trends in reclamation claims over the last 5 years; courts limiting benefits reclamation claims; limits imposed by courts on congressionally intended reclamation benefits; review of early decisions allowing delayed payment of reclamation claims; cases detailing limited nature of reclamation; and recent Circuit City decision allowing debtors to hold up 503(b)(9) claims under 502(d). SPEAKER: Jeffrey W. Shields 3:05-3:25 Coffee Break (Registrants only included in registration fee). 3:25-4:05 Fraudulent Transfer issues in Commercial Transactions Discussion of general principles of fraudulent transfer law; analysis of impact of fraudulent transfer law on securitization transactions; review of current case law on fraudulent transfer challenges to loan workouts, reaffirmations and additional pledges of collateral by entities within the corporate group; enforceability and challenges to net worth provisions in loan guaranties and "savings clauses." SPEAKER: Honorable Neil P. Olack 4:05-4:45 Non-Consensual Third-Party Plan Releases Evaluation of third-party releases in recent cases; role of public interest; need for substantial consideration to support release; requirement of consideration from the releasee; evidence and findings to support third-party releases; channeling injunctions; collateral attack; appeal of confirmation and the grant of a third-party release absent a stay pending appeal; role of SEC and USTrustee. SPEAKER: Kristopher M. Hansen

4 5:00-6:30 Cocktail Reception (Registrants and Spouses). FRIDAY, APRIL 15, 2011 (Morning Session) J. Robert Williamson, Presiding 8:00-9:00 Continental Breakfast (Registrants only included in registration fee). 9:00-9:40 The Economy in 2011 Current issues with respect to the economy, including commodity pricing and the real estate market, trends and impact on bankruptcy cases; how will the 2011 economy impact the mortgage industry, housing markets and commercial real estate; will mortgage modifications impact bankruptcy filings? SPEAKER: Professor Roger C. Tutterow 9:40-10:20 Automatic Stay Duty of creditor to release garnishment or return repossessed property without court order; effect on family law proceedings and landlord eviction actions; multiple bankruptcy filings and foreclosure on residential and commercial property; police powers; debtor violations; parties entitled to recover for stay violation; willful violations and good faith defenses; damages for noneconomic injury. SPEAKER: Honorable Margaret Cangilos-Ruiz 10:20-10:40 Coffee Break (Registrants only included in registration fee). 10:40-11:20 Credit Bidding in the Wake of Pacific Lumber, Philadelphia Newspapers and Other Recent Cases Recent court opinions significantly impact the credit bid rights of secured creditors. This discussion will outline these important cases and their holdings, and suggest alternative arguments and methods that secured creditors may employ to ensure their credit-bid rights are retained in all contexts. SPEAKER: Kristopher M. Hansen 10:45-12:25 BREAKOUT SESSIONS Breakout Session A Mary Ida Townson, Presiding 10:45-12:25 Chapter 7 Trustees Duties and Debtors Responsibilities SPEAKERS: David Leibowitz and Honorable Laura K. Grandy Breakout Session B Ira D. Gingold, Presiding 10:45-12:25 Appeals: "The Road to the Supreme Court" SPEAKERS: Jan Hamilton and Jill Olsen 11:20-12:20 Litigation: Impact of Heightened Pleading Standards Opinions on Preference Actions and other Trustee Causes of Action Tightened pleadings standards for civil litigation; impact on prosecution of preference claims and other trustee causes of action; survey of recent bankruptcy cases decided under the heightened pleading standards, and discussion of litigation practice tips for plaintiffs and defendants.

5 SPEAKER: Adam Paul 12:20-1:40 Lunch (Registrants only included in registration fee). FRIDAY, APRIL 15, 2011 (Afternoon Session) ELECTIVE PROGRAMS A AND B Program A (Consumer Workshop) Lisa Ritchey Craig, Presiding 1:40-2:20 Fraudulent Conveyances Debtor's actual intent at the time of the transfer in an individual case, the relative or insider benefiting from the transfer, divorce agreements, transfers to parents, children, timing of the transfer, the intent to hinder, delay and defraud creditors, defenses to fraudulent conveyances actions, what is reasonably equivalent value and how is it proved. SPEAKER: Honorable Neil P. Olack 2:20-3:00 Chapter 7 Issues Reaffirmation, redemption, or surrender; requirements of reaffirmation agreements; showing no undue hardship; timely filing reaffirmation agreements; effect of reaffirming luxury goods; ride through; applying correct state s homestead exemption statute; amending homestead exemption; no homestead exemption for concealed property; how to exempt full value of asset; exclusions from property of estate. SPEAKER: John F. Cannizzaro 3:00-3:20 Coffee Break (Registrants only included in registration fee). 3:20-4:00 Claims - Secured And Unsecured Issues related to amended claims; effect of bar date; objection versus an adversary proceeding; value of collateral on secured claims versus value of collateral in plan which rules; what documentation is necessary for assignment and transferred claims; documents required to establish standing for mortgage claims. SPEAKER: Honorable Frank J. Santoro 4:00-4:40 Tax Refund Issues Why Chapter 13 Trustees require turnover; retention of earned income credit; do tax refunds affect distribution to creditors; IRS resistance to direct turnover of refunds to Chapter 13 Trustees; tax refund issues in Chapter 7 Cases; exemption issues related; may tax refunds "replace" plan payments in Chapter 13 cases? SPEAKER: D. Sims Crawford Program B (Chapter 11 Workshop) Laura E. Woodson, Presiding 1:40-2:20 Recent Developments for Chapter 11 Practitioners SPEAKER: Professor David G. Epstein

6 2:20-3:00 Real Estate Chapter 11s: Are They Yet To Come? What explains the relatively fewer real estate 11s in today s down-cycle and is that likely to change; is a developer s cramdown plan possible under current judicial precedents; the single real estate asset test as a real obstacle; gerrymandering through the assenting class requirement; restructuring through post-reorganization interest rate; valuation, new value and the absolute priority test. SPEAKER: Harley E. Riedel 3:00-3:20 Coffee Break (Registrants only included in registration fee). 3:20-4:00 Debtor In Possession Financing Negotiation and documentation of DIP Loans in cases of all sizes; primary motivations for third-party DIP lenders and DIP loans by existing lenders; documentation necessary for a DIP Loan; preservation of prepetition liens and priority positions; issues associated with roll-up DIP facilities and possible grounds for objection; asserting and securing administrative priority claims for unpaid DIP balances. SPEAKER: Jeffrey W. Shields 4:00-4:40 Dischargeability Issues in Chapter 11 Cases Everything the commercial lawyer needs to know about Section 523 dischargeability issues, including applicability in Chapter 11 cases, deadlines for filing actions, elements of dischargeability claims and defenses. Topic will include a discussion of the particular issues facing formerly high worth individual debtors that could face dischargeability challenges. SPEAKER: Professor Margaret Howard SATURDAY, APRIL 16, 2011 (Morning Session) Gary W. Marsh, Presiding 8:00-9:00 Continental Breakfast (Registrants only included in registration fee). 9:00-9:40 Torts - Consequences and claims Discussion of history of mass tort litigation and mechanisms for resolution in bankruptcy; analysis of current law on whether a "claim" exists - 3rd Circuit decision repudiating Frenville; the automobile cases and their impact on the successor liability theories; another potential mass tort - the gulf oil spill; extra-bankruptcy approaches to mass torts. SPEAKER: Adam Paul 9:40-10:20 Executory Contracts and Unexpired Leases Assumption and rejection of executory contracts and unexpired real and personal property leases in consumer and commercial cases; impact of postpetition events on executoriness; nondebtor's duty to perform; prepetition credit terms; adequate assurance of future performance; effect attempted mitigation on rejection damages; administrative claim from post-assumption rejection and damage calculation; impact on Chapter 13 plan. SPEAKER: Professor Margaret Howard

7 10:20-10:40 Coffee Break (Registrants only included in registration fee). 10:40-11:20 Relief for Individual Business Debtors Which chapter is appropriate for individual debtors with significant business debts; what relief is available in Chapter 13, 7 and 11; what are the likely differences in costs, preparations, responsibilities and outcomes among chapters 7, 11, and 13 for individuals with primarily business debt; constitutionality of individual Chapter 11 cases. SPEAKER: Harley E. Riedel 11:20-12:20 Litigation: Professionalism: Dealing with Unprofessional Conduct in Bankruptcy Aggressive or abusive behavior by professionals; attorney conduct during depositions, Rule 2004 examinations and 341 meetings; personal attacks and inappropriate statements during oral argument or negotiations; lawyer testimony during oral argument; self-serving written communications as exhibits; discovery disputes, and how and when to bring such disputes to the attention of the court. SPEAKER: Honorable Joe Lee