Program Schedule
THIRTY-SIXTH ANNUAL SOUTHEASTERN BANKRUPTCY LAW INSTITUTE
MARCH 18 – 20, 2010
| THURSDAY, MARCH 18, 2010 (Morning Session) J. Robert Williamson, Presiding |
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| 8:00 - 9:00 | Registration (continued through program) and Continental Breakfast (Registrants only – included in registration fee). Sponsored by Protiviti |
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| 9:00 - 9:05 | Welcome by J. Robert Williamson, 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: Robin E. Phelan |
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| 9:45 - 10:25 | Securitization and Servicing of Mortgage Loans - Servicers’ rights, powers and duties under servicing agreements; authority, incentives and disincentives to forbear, modify or grant relief to distressed borrowers; conflicting demands from holders of tranches of debt; proof of claim errors, motions for relief and post-discharge foreclosures; U.S. Trustee’s role. SPEAKER: Honorable Frank J. Santoro |
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| 10:25 - 10:45 | Coffee Break (Registrants only – included in registration fee). Sponsored by Elrod Auction Company; BDO Consulting Corporate Advisors, LLC; Default Mitigation Management LLC |
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| 10:45 - 11:25 | Crisis in the Banking System - Securitization, credit default swaps, and “mark-to-market” accounting in creating banks “too big to fail”; effect of TARP/TALF in rescuing banks and stimulating lending; role of commercial real estate lending and loan participations in failures of community and regional banks; FDIC approach to disposal of bank assets. SPEAKER: Mark C. Ellenberg |
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10:45 - 12:25 BREAKOUT |
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| 11:25 - 12:25 | Litigation: Ethics Topic: Representing Multiple Debtors in Administratively Consolidated Cases - Ethical issues in representing multiple debtors; attorney’s role in prevention or disclosure of creeping DIP financing from intercompany cash management; preserving estate claims in case of no consolidation pursuant to the plan; disclosure rules and duties of counsel in resolution of intercompany claims. SPEAKER: Honorable Michael G. Williamson |
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| 12:25 - 1:45 | Lunch (Registrants only – included in registration fee). Sponsored by Conway Del Genio Gries & Co., LLC; Grisanti, Galef & Goldress; JP Morgan Chase; Lockton Companies, LLC; NRC Realty & Capital Advisors, LLC |
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| THURSDAY, MARCH 18, 2010 (Afternoon Session) ELECTIVE PROGRAMS A AND B |
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| Program A (Consumer Workshop) Ira D. Gingold, Presiding |
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| 1:45 - 2:25 | Recent Developments for Consumer Bankruptcy Practitioners SPEAKER: Mark S. Zuckerberg |
| 2:25 - 3:05 | Homestead Exemptions - Optimizing debtor’s claims of exemptions; implementation of domiciliary rules; choice of law issues; effect of domiciliary requirements after debtor has moved; applying opt out rule; resident or person domiciled; use of federal exemption; savings clause; extraterritorial application of another state’s homestead exemption law; avoiding judicial liens; property location. SPEAKER: William E. Brewer, Jr. |
| 3:05 - 3:25 | Coffee Break (Registrants only – included in registration fee). Sponsored by Algon Group; The Finley Group; FTI Consulting, Inc.; Macquarie Capital (USA) Inc. |
| 3:25 - 4:05 | Intersection of Divorce and Bankruptcy - Domestic support obligations excepted from discharge; dischargeability of property division debts; nondischargeable joint debts as to former spouse; recovery of DSO creditor from exempt property; protected transfers which satisfy domestic support obligations; priorities for claims for domestic support obligations; filing priority claims; automatic stay exceptions. SPEAKER: Honorable Margaret Dee McGarity |
| 4:05 - 4:45 | Disposable Income - Test for projected disposable income in Chapter 13; means test vs. Schedule J; determining projected disposable income upon surrender of collateral on which secured payments are scheduled; median income for determining applicable commitment period based solely on “means test” calculations without regard to actual income; temporal vs. multiplier. SPEAKER: Honorable Frank J. Santoro |
| 5:00 - 6:30 | Cocktail Reception (Registrants and Spouses). Sponsored by BMC Group; GlassRatner Advisory and Capital Group LLC |
| Program B (Chapter 11 Workshop) Grant T. Stein, Presiding |
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| 1:45 - 2:25 | Asset Sales: Part 1 - Update on Break-Up Fees, Bid Procedures, Etc. - Prepetition marketing and sale motions on petition date; breakup fees; bidding procedures; secured creditor as stalking horse; sales of substantially all assets for less than all secured debt; direct competitors as bidders; §363 sales to avoid compliance with state law; “free and clear” issues. SPEAKER: Jordi Guso |
| 2:25 - 3:05 | Assets Sales: Part 2 - Sub Rosa Plans - Structuring §363 sales to avoid sub rosa plan challenges (Chrysler and General Motors cases); successor liability and asbestos issues; mootness; using settlements and sale structures to avoid statutory priorities. SPEAKER: Reginald W. Jackson |
| 3:05 - 3:25 | Coffee Break (Registrants only – included in registration fee). Sponsored by Algon Group; The Finley Group; FTI Consulting, Inc.; Macquarie Capital (USA) Inc. |
| 3:25 - 4:05 | Plan Issues in Single Asset Real Estate Cases - Extending the 90-day plan deadline; interest payments under §362; “reasonable possibility” of confirmation within “reasonable time”; viability of “eat dirt” plans, secured creditor cramdown, and indubitable equivalence; claim classification, impairment, and discriminatory treatment; “good faith” objections; strategic use of §1111(b) election. SPEAKER: Professor Jack Williams |
| 4:05 - 4:45 | The Intersection of Bankruptcy Law and Franchise Law - franchise agreements as executory contracts; pre-petition termination of franchise agreements; impact of the Uniform Franchise Act on stay relief and post-petition termination; security interests in franchise rights and valuation of such interests; enforceability of post-termination covenants not to compete. SPEAKER: Thomas J. Salerno |
| 5:00 - 6:30 | Cocktail Reception (Registrants and Spouses). Sponsored by BMC Group; GlassRatner Advisory and Capital Group LLC |
| FRIDAY, MARCH 19, 2010 (Morning Session) Gary W. Marsh, Presiding |
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| 8:00 - 9:00 | Continental Breakfast (Registrants only – included in registration fee). Sponsored by Grisanti, Galef & Goldress Inc.; JP Morgan Chase |
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| 9:00 - 9:40 | Lessons from the Mega-Cases - Lehman Brothers and the overnight sale; Chrysler and the 363 sale to a creditor-sponsored buyer; General Motors and successor liability; General Growth Properties and securitization; public policy implications and impact on bankruptcy practice. SPEAKER: Robin E. Phelan |
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| 9:40 - 10:20 | Taxation Issues That Impact Bankruptcy Cases - Discharge of tax liabilities, including individual and 100% penalty liability in individual cases; repayment of arrearages in Chapter 11; priority of tax; priority and enforceabiltity of prepetition levies and liens; income from debt cancellation or discharge of non-tax debt obligations. SPEAKER: Professor Jack Williams |
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| 10:20 - 10:40 | Coffee Break (Registrants only – included in registration fee). Sponsored by Carl Marks Advisory Group LLC; Epiq Systems, Inc.; Morgan Joseph & Co., Inc. |
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| 10:40 - 11:20 | Defending Preference Actions - Ordinary course defense under BAPCPA; proving ordinary course with few transactions; limits on substantially contemporaneous exchange defense; elements of the earmarking defense; calculating new value; improvement of position on floating liens of inventory and accounts receivable; domestic obligations payments defenses. SPEAKER: Thomas J. Salerno |
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10:45-12:20 BREAKOUT |
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| 11:20 - 12:20 | Litigation: Evidence; Litigating Ponzi Schemes: Winners and Losers - Trial of issues arising from bankruptcies/receiverships involving Ponzi schemes, as withdrawals from pooled investments outpace new investor deposits; evidence necessary to prove fraudulent transfers to recovering investors; other causes of action available to recover funds; claim priorities; claims against professionals for advising or abetting. SPEAKER: Jeff J. Marwil |
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| 12:20 - 1:40 | Lunch (Registrants only – included in registration fee). Sponsored by Conway Del Genio Gries & Co., LLC; Grisanti, Galef & Goldress; JP Morgan Chase; Lockton Companies, LLC; NRC Realty & Capital Advisors, LLC |
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| FRIDAY, MARCH 19, 2010 (Afternoon Session) ELECTIVE PROGRAMS A AND B |
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| Program A (Consumer Workshop) Ira D. Gingold, Presiding |
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| 1:40 - 2:20 | Claim Issues - Objections to claims; trustee or debtors’s attorney as movant; claims reclassification vs. reconsideration; the effect of confirmation and modification on claims; mortgage, personal property, and unsecured claims documentation required; requirement for payment on adequate protection payments; requirement for stay termination argument. SPEAKER: Professor Michael Sabbath |
| 2:20 - 3:00 | Fraudulent Conveyances - Conversion of nonexempt assets into exempt assets pre-petition; proving debtor’s intent to hinder, delay, or defraud creditors; standards under Uniform Fraudulent Transfers Act, including constructive fraud; effect of lack of evidence of fraud in Debtor’s pre-bankruptcy planning; debtor’s prepetition transfer of residence to relative immediately before filling. SPEAKER: Mark S. Zuckerberg |
| 3:00 - 3:20 | Coffee Break (Registrants only – included in registration fee). Sponsored by Deloitte Financial Advisory Services LLP; Morris-Anderson & Associates Ltd. |
| 3:20 - 4:00 | Discharging Taxes - Dischargeability of tax debt and discharge of personal income taxes; three-year, two-year, and 240-day rules and tolling; dischargeability of payroll and employer’s taxes; interest and penalties; requirements to file and produce tax returns; effects of disallowance of superdischarge, pending offer-in-compromise; extension to file tax return; obtaining and using transcripts; tax liens and levies. SPEAKER: William E. Brewer, Jr. |
| 4:00 - 4:40 | Discharge and Dischargeability - Collateral estoppel effect of pre-bankruptcy judgments; acts or omissions that result in “willful and malicious” injuries; when reliance on misrepresentations is unreasonable reliance; what misstatements will be deemed “material”; denial of discharge due to lack of records; fraudulent intent; failure to disclose transactions and assets. SPEAKER: Brett Weiss |
| Program B (Chapter 11 Workshop) Wendy L. Hagenau, Presiding |
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| 1:40 - 2:20 | Recent Developments for Chapter 11 Practitioners SPEAKER: Mark C. Ellenberg |
| 2:20 - 3:00 | Key Employee Retention, Incentive, and Severance Plans after BAPCPA - Non-officer retention or severance programs; plans for executives under §503(c)(3); setting meaningful goals; applying business judgment standard and “holistic” views of incentive/retention plans; seeking concessions from union and retirees while proposing retention and incentive programs; pre-petition management incentive programs as ordinary course. SPEAKER: Jordi Guso |
| 3:00 - 3:20 | Coffee Break (Registrants only – included in registration fee). Sponsored by Deloitte Financial Advisory Services LLP; Morris-Anderson & Associates Ltd. |
| 3:20 - 4:00 | Dealing With the Under-Funded Chapter 11 Debtor - Pre-petition carve-out requests for professionals and use of cash collateral; first-day motions to dismiss under §1112(b)(4)(A); evidentiary issues connected with debtor’s pre-petition financial performance; the use of the small business provisions of §§308 and 1116. SPEAKER: Honorable Michael G. Williamson |
| 4:00 - 4:40 | Trade Creditors in Bankruptcy - Reclamation rights and administrative claims under §503(b)(9); conflicts between DIP Lenders and holders of administrative claims; critical vendor protocols; post-petition credit pursuant to terms of a pre-petition executory supply contract; “amendments to the course of dealing” defense to preference actions; plan classification issues for trade and bond debt. SPEAKER: Reginald W. Jackson |
| SATURDAY, MARCH 20, 2010 (Morning Session) J. Robert Williamson, Presiding |
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| 8:00 - 9:00 | Continental Breakfast (Registrants only – included in registration fee). Sponsored by Alvarez & Marsal, Inc.; The Finley Group |
| 9:00 - 9:40 | Bankruptcy Relief for the Entrepreneur/Developer - Discharge for individuals with primarily commercial guaranty debt; bad faith objections to discharge under §707(a); individual Chapter 11 relief for previously high net worth individual; post-petition income as property of the estate under §1115; confirmation of Chapter 11 plan for debtor with commercial guaranty debt. SPEAKER: Brett Weiss |
| 9:40 - 10:20 | Commercial Deposit Accounts Under UCC Article 9 - Provisions regarding perfection of security interest in commercial deposit accounts; state law perfection and priority of security interests; priority of conflicting security interests in and setoff rights; transferees’ rights; enforcement of security interests in deposit accounts vs. common law applicable to consumer deposit accounts. SPEAKER: Professor Michael Sabbath |
| 10:20 - 10:40 | Coffee Break (Registrants only – included in registration fee). Sponsored by Conway MacKenzie & Dunleavy; Deloitte Financial Advisory Services LLP |
| 10:40 - 11:20 | Update on Fiduciaries and Zone of Insolvency - Issues affecting directors and officers of insolvent corporations; state law duties to creditors; claims brought by liquidating trustees, plan administrators and other company fiduciaries; D&O liability policies; coverage of defense costs; insured versus insured and regulatory exclusions; tips for advising boards. SPEAKER: Jeff J. Marwil |
| 11:20 - 12:20 | Litigation: Professionalism: Proper Legal Representation of the Client - Importance of engagement letters and termination of representation; protecting the attorney-client or work-product privilege with client’s family members, advisors, business associates, or accountants; communications with experts; limits of legitimate advice and assistance in protecting client’s assets from creditors; duties of candor to the opposing party and to the court. SPEAKER: Honorable Margaret Dee McGarity |