Program Schedule

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

Sponsored by Protiviti

The Select New Cases and Other Recent Developments in Bankruptcy About Which All Practitioners Should Know

SPEAKER: Robin E. Phelan

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

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

Sponsored by Elrod Auction Company; BDO Consulting Corporate Advisors, LLC; Default Mitigation Management LLC

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

10:45 - 12:25

BREAKOUT
SESSIONS

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

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

Recent Developments for Consumer Bankruptcy Practitioners

SPEAKER: Mark S. Zuckerberg

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.

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

Sponsored by Algon Group; The Finley Group; FTI Consulting, Inc.; Macquarie Capital (USA) Inc.

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

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

Cocktail Reception (Registrants and Spouses).

Sponsored by BMC Group; GlassRatner Advisory and Capital Group LLC

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

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

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

Sponsored by Algon Group; The Finley Group; FTI Consulting, Inc.; Macquarie Capital (USA) Inc.

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

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

Cocktail Reception (Registrants and Spouses).

Sponsored by BMC Group; GlassRatner Advisory and Capital Group LLC

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

Sponsored by Grisanti, Galef & Goldress Inc.; JP Morgan Chase

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

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

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

Sponsored by Carl Marks Advisory Group LLC; Epiq Systems, Inc.; Morgan Joseph & Co., Inc.

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

10:45-12:20

BREAKOUT
SESSIONS

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

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

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

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

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

Sponsored by Deloitte Financial Advisory Services LLP; Morris-Anderson & Associates Ltd.

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.

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

Recent Developments for Chapter 11 Practitioners

SPEAKER: Mark C. Ellenberg

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

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

Sponsored by Deloitte Financial Advisory Services LLP; Morris-Anderson & Associates Ltd.

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

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

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

Sponsored by Alvarez & Marsal, Inc.; The Finley Group

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

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

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

Sponsored by Conway MacKenzie & Dunleavy; Deloitte Financial Advisory Services LLP

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

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