Business Reorganization Committee

ABI Committee News

37th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization - Save the Date!

ABI, in association with New York University School of Law and the NYU Center for Law & Business, is pleased to announce the 37th Annual Lawrence P. King and Charles Seligson Bankruptcy Workshop will be held on September 21-22, 2011, at the NYU School of Law. We invite you to join us for this two-day workshop aimed at both entry level and experienced bankruptcy practitioners. Please save the date and stay tuned for more information!

Click here to view a complete listing of all upcoming summer conferences.

 

See What's New At the ABI Bookstore - "The Bankruptcy Court's Watchdog: Examiners Today"

ABI is pleased to announce the arrival of it's newest publication, "The Bankruptcy Court's Watchdog: Examiners Today." This new publication, written by John C. (Kit) Weitnauer of Alson & Bird LLP, walks practitioners through the appointment of an examiner in a bankruptcy case, the examiner's responsibilities, the selection and appointment process, the requirements for the examiner's final report and the examiner's fee structure. This comprehensive manual is replete with case law, with several appendices that contain examples from actual cases.

Did you know that all of ABI's publications are written by experts in the field and are widely used by the bankruptcy bar and bench? You can own these same publications by visiting the online ABI Bookstore. The ABI Bookstore carries over 40 publications, offers several bundled packages for your convenience and includes free ground shipping!

Click here to order your copy today and have it shipped directly to your home or office!

 

29th Annual Spring Meeting Materials Are Available Online

At the recently held 29th Annual Spring Meeting there were several sessions that will prove to be timely topics for members of the committee. The Business Reorganization Committee presented a session titled "The Use of ADR (including judges as mediators as opposed to private mediators), Standing to Propose and Object to Settlements Both Prior to and in a Plan of Reorganization, Limitations on Settlements and More." The panel presented attendees a variety of related topics and cases, including discussions on Rule 9019, a mediator's perspective on the process, Rule 2019 and its application to Ad Hoc committees and use In re State Line Hotel, Inc. as a leading example case. Panelists included Chris L. Dickerson of Skadden, Arps, Slate, Meagher & Flom LLP in Chicago; C. Edward Dobbs of Parker, Hudson, Rainer & Dobbs LLP in Atlanta; Mark S. Indelicato of Hahn & Hessen LLP in New York; and Hon. Gregg W. Zive of the U.S. Bankruptcy Court for the District of Nevada in Reno.

The Use of ADR (including judges as mediators as opposed to private mediators), Standing to Propose and Object to Settlements Both Prior to and in a Plan of Reorganization, Limitations on Settlements and More

During the conference the Small Business Bankruptcy Task Force presented a session titled "Hot Topics in Small Business Cases." The task force focused on the absolute priority rule as it relates to individual debtors in chapter 11, the strict deadlines and possible conflicts of interest faced in small business cases, while also giving a wide variety of statutes and related cases. The panel included Michael G. Busenkell of Womble Carlyle Sandridge & Rice PLLC in Wilmington, Del.; Philip J. Landau of Shraiberg, Ferrara & Landau P.A. in Boca Raton, Fla.; Gregory R. Schaaf of Greenebaum Doll & McDonald PLLC in Lexington, Ky.; and Hon. Tracey N. Wise of the U.S. Bankruptcy Court for the Eastern District of Kentucky in Lexington.

Hot Topics in Small Business Cases

Friday's concurrent session titled "Where Will the Work Be?" is also relevant, as the presenters discussed the U.S. restructuring market and those things which are working to keep it depressed, gave comparisons to the global market, and also provided readers with a variety of charts and graphs to better depict these statistics. The session was moderated by Rebecca A. Roof of AlixPartners LLP in New York; William A. Brandt, Jr. of Development Specialists, Inc. in Chicago; John Wm. (Jack) Butler, Jr. of Skadden Arps, Slate, Meagher & Flom LLP in Chicago; Keith J. Shapiro of Greenberg Traurig, LLP in Chicago; and Scott Y. Stuart of Donlin, Recano & Company, Inc. in New York.

Where Will the Work Be?

You will also find the session titled "Recent Hot Plan Confirmation Issues" an interesting read, as it discussed adequate protection as a plan issue, collective action and plans of reorganization and third party releases and injunctions, while also offering several related cases as examples. Kathryn Anne Coleman of Hughes, Hubbard & Reed LLP in New York moderated the session. Panelists included Hon. Kevin J. Carey of the U.S. Bankruptcy Court for the District of Delaware in Wilmington; Eric Fromme of Rutan & Tucker, LLP in Costa Mesa, Calif.; Ira L. Herman of Thompson & Knight LLP in New York; and David Phelps of The Brincko Group in Chicago.

Recent Hot Plan Confirmation Issues

The panelists for the session, "Eating Dirt: It's Not Just for Breakfast Anymore" discussed cramdown terms and interest rates, real property collateral, blanket liens and after-acquired property and the application of Till. The session was moderated by James Patrick Shea of Shea & Carlyon, Ltd. in Las Vegas. The panel included Hon. Laurel Meyerson Isicoff of the U.S. Bankruptcy Court for the Southern District of Florida in Miami; Marc Liebman of Alvarez & Marsal in Phoenix; William N. Lobel of The Lobel Firm, LLP in Newport Beach, Calif.; and Robert J. Miller of Bryan Cave LLP in Phoenix.

Eating Dirt: It's Not Just for Breakfast Anymore

The panelists of "Chapter 11 Creditors' Committees and Examiners: Are The Effective?" reviewed the effectiveness of creditors' committees by examining the tasks and duties of unsecured creditors' committees and chapter 11 examiners, the potential value of dynamic tension in restructuring negotiations and citing and summarizing recent examiner cases. The session was moderated by Doug Deutsch of Chadbourne & Parke LLP in New York. Panelists included Prof. Michelle M. Harner of the University of Maryland School of Law in Baltimore; Scott L. Hazan of Otterbourg, Steindler, Houston & Rosen, PC in New York; and William K. Lenhart of BDO Consulting in New York.

Chapter 11 Creditors' Committees and Examiners: Are The Effective?

Also of interest to the committee is the presentation titled "The Controversial Issues Surrounding the CRO: Chief Restructuring Officers," in which the panel discussed a variety of topics relevant to a CRO while using the Pilgrim's Pride case as an example. The session was moderated by Daniel F. Dooley of MorrisAnderson in Chicago. The panel included Thomas M. Kim of r2 advisors, llc in Denver; Patrick C. Lagrange of Carl Marks in New York; and Lisa M. Poulin of CRG Partners Group LLC in Bethesda, Md.

The Controversial Issues Surrounding the CRO: Chief Restructuring Officers

Click here to view a complete listing of committee-related conference materials.

 

Visit ABI's Online, Interactive Bankruptcy Code and Rules at law.abi.org

Have you taken advantage of ABI's newest and most popular feature - the online Interactive Bankruptcy Code and Rules? Exclusive to ABI and free to all members, this new site allows users to view relevant case law, bookmark and take notes in their electronic version of the Interactive Bankruptcy Code and Rules. Since all of your information is stored in a personal, password protected account, you can access your Code and Rules, along with bookmarks and notes, through any computer or browser, including your Smartphone! Use your standard ABI password and username to access these great features.

Click here to start using ABI's Interactive Bankruptcy Code and Rules.

 

New e-Learning Site Offers A Variety of Conference Recordings for CLE Credit

Visit ABI's new E-Learning website for the latest conference recordings and available CLE credit. Here you can browse, purchase and watch recorded sessions from the comfort of your home or office. Before purchasing, each video conveniently lists all states that accept the video for CLE credit and easy access to the appropriate applications; information on the session, including a description, speakers and one-click access to the coordinating print materials; and topic grouping so that you may quickly view all options for your professional background.

Click here to view ABI's new e-Learning site.


Have You Used the Business Reorganization Committee Listserve Recently?

Do you sometimes wonder what your peers think about timely issues? Drop by to share ideas and knowledge on the Business Reorganization Committee listserve. The listserve is a great way to converse with colleagues about current issues and cases. To post a question or comment, simply send an email to abi_business_reorg@dizzy.abiworld.org.

Click here to view all previous discussions on the committee listserve.