Business Reorganization Committee

ABI Committee News

Materials From The Mid-Atlantic Bankruptcy Workshop

More than 250 members attended the 4th Annual Mid-Atlantic Bankruptcy Workshop which was held on the eastern shore of Maryland at the Hyatt Regency, Chesapeake Bay Golf Resort, Spa & Marina.  Members convened for three days of blue crabs, networking and outstanding educational programs. Topics included ethics issues, non-bankruptcy alternatives, real estate issues, new claims rules, mediation and ADR, and more!  Several sessions were of particular interest to business reorganization committee members.

The session "Navigating The New Claims Rules" focused on the amendment of Rule 3007, the enactment of Rule 6003, and the practical effects of each.   The panel for the session included Jack B. Fishman of Epiq Bankruptcy Advisory Services, Inc. in Crystal Lake, Ill., Kevin J. Mangan of Womble Carlyle Sandridge & Rice PLLC in Wilmington, Ryan T. Routh of Jones Day in Cleveland and Ashley B. Stitzer of Bayard P.A. in Wilmington.  Hon. Richard E. Fehling, U.S. Bankruptcy Court (E.D. Pa.) served as the moderator. Click the link below to review an outline of the session.

Navigating The New Claims Rules (outline-pdf)


In "Anything but Bankruptcy!-Revisited: Nonbankruptcy Alternatives," Hon. Nancy V. Alquist, U.S. Bankruptcy Court (Dist. of Md.) moderated the panel that discussed a number of bankruptcy alternatives including trust mortgages, assignments for the benefit of creditors, out of court restructurings, UCC sales, state receiverships, among other topics.  The panel included Edward T. Gavin, IV of NachmanHaysBrownstein, Inc. in Wilmington, Walter J. Greenhalgh of Duane Morris LLP in Newark, N.J., Adam G. Landis of Landis Rath & Cobb LLP in Wilmington and James J. Tancredi of Day Pitney LLP in Hartford, Conn.  Follow the link below to review the materials from the session.

Anything But Bankruptcy! - Revisited: Nonbankruptcy Alternatives (pdf)


Hon. Judith K. Fitzgerald, U.S. Bankruptcy Court (W.D. Pa.) moderated a panel that discussed a number of current issues on the "radar" of the U.S. Trustee Program.  Topics for the session included the appointment of patient care ombudsmen and consumer privacy ombudsmen, application of 11 U.S.C. § 327(e) to professionals other than debtor's counsel, information sharing by creditors' committees under 11 U.S.C. § 1102(b)(3), trading orders, ad hoc committees and KERPs and the application of 11 U.S.C. § 503(c).  The panel included Roberta A. DeAngelis, Acting U.S. Trustee for Region 3, Ramona D. Elliott, General Counsel for the Program from the Executive Office for U.S. Trustees and W. Clarkson McDow, Jr., U.S. Trustee for Region 4.  Click the link below to review the outline for the session.  Full materials from the session are available at ABIWorld.

What's On OUST's Radar? (pdf)

 

Materials From the Southwest Bankruptcy Conference

Las Vegas was the scene for the 16th Annual Southwest Bankruptcy Conference, held at the beautiful and serene Four Seasons Hotel.  An outstanding faculty of judges, academics and industry professionals presented workshops on a variety of topics, and Supreme Court Justice John Paul Stevens once again delivered the keynote at the Friday luncheon.  Below are summaries of two relevant sessions, "Individual Chapter 11s: The Saga Continues" and "Claims Trading, Fiduciary Duties and Other Pesky Committee Issues."

In "Individual Chapter 11s: The Saga Continues," James Shea of Shea & Carlyon, Ltd. in Las Vegas, moderated a panel that discussed a number of key issues in individual chapter 11s including confirmation issues and requirements, cram downs, tax provisions, discharge issues and dismissal.  The panel for the session included James T. Markus of Block, Markus & Williams, LLC in Denver, Patricia A. Redmond of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA in Miami and Hon. Eugene R. Wedoff, U.S. Bankruptcy Court (N.D. Ill.).The full outline is available by following the link below.

Individual Chapter 11s: The Saga Continues (outline - pdf)


In "Claims Trading, Fiduciary Duties And Other Pesky Committee Issues," Eve H. Karasik of Stutman, Treister & Glatt, PC in Los Angeles moderated a panel that discussed a number of topics including fiduciary duties of members of creditors' committees.  The panel for the session included Samuel E. Star of FTI Consulting, Inc. in New York, William Kaye of JLL Consultants, Inc. in East Rockaway, NY, Hon. James M. Marlar, U.S. Bankruptcy Court (Dist. of Ariz.) and David B. Shemano of Peitzman, Weg & Kempinsky LLP in Los Angeles.  Click below to review the materials prepared by Mr. Shemano on the topic.

Fiduciary Duties Of Members Of Creditors' Committees (pdf) - David B. Shemano

 

Committee Session At The ABI Winter Leadership Conference

The Winter Leadership Conference will be held Dec. 4-6 in Tucson, AZ, at the Westin La Paloma.  This year's conference will feature another great group of sessions and speakers, as well as some top-notch entertainment!  The Business Reorganization Committee will hold a session on Saturday morning at 9:30 a.m., entitled "Renewed Interest in the Three R's:  Reinstatment, Repayment and Refinance - The New Rithmetic; The Allowance and Payment of Interest in Chapter 11 Cases."  The speakers will include Martin Bienenstock of Dewey & LeBoeuf LLP in New York, Marc Kieselstein of Kirkland & Ellis LLP in Chicago, Isaac Pachulski of Stutman, Treister & Glatt, PC in Los Angeles and John Rapisardi of Cadwalader, Wickersham & Taft LLP in New York.  Hon. Arthur J. Gonzalez, U.S. Bankruptcy Court (S.D.N.Y) will moderate the panel.  Register for the conference at ABIWorld.