Events

EVENTS

Practising Law Institute's 30th Annual Current Developments in Bankruptcy & Reorganization Conference

This program has been approved in accordance with the requirements of the Continuing Legal Education Board. CLE Credit will be granted to attorneys.

Click here for the official conference website and registration form. (New York, NY)

With today’s volatile credit markets indicating an insolvency crisis for many sectors of the economy, staying abreast of the current developments in restructuring law is more important than ever. At this essential bankruptcy conference, an expert faculty of leading practitioners, bankruptcy judges and academics will provide you with a comprehensive review and analysis of major bankruptcy decisions, rules and trends that affect your practice on behalf of debtors, vendors, lenders, creditors and committees. Come away with practical tips and strategies that you can use daily, and feel confident with your knowledge in this increasingly important area of law.

What You Will Learn:
- The BAPCPA amendments - impact on business Chapter 7 and 11 cases
- The impact of recent decisions on DIPs, trustees, creditors, committees and counsel
- Important procedural and jurisdictional issues
- Structured finance developments
- New developments regarding unsecured claims
- Ordinary course of business defense to voidable preference attacks
- New restrictions on plan proposals, disclosure and confirmation
- The powers and fiduciary duties of equity and creditors’ committees
- Executory contracts and leases: assumption, rejection and “ride through”
- First Day Orders and Section 105: changing statutory priorities
- Section 502(b)(6) cap on lessor’s rent claims
- Powers of tort claimants
- International and cross-border insolvencies, inbound and outbound
- Employment and compensation of counsel and other professionals
- How to recognize ethical issues and avoid missteps in your bankruptcy and reorganization cases

Speaker:
Lewis Kruger, Partner
Stroock & Stroock & Lavan LLP

Topics:
BAPCPA Impact on Business Chapter 7 and 11 Cases
- Retention of professionals and investment bankers
- Involuntary bankruptcy changes
- Involuntary petitions - bona fide dispute
- Patient care ombudsman
- Limitations on KERPS
- Reclamation claims
- Executory contract changes
- Structured finance changes
- Preferences - ordinary course changes
- Time limits on plan filing by DIP
- New Chapter 15 on cross border insolvencies
- Amendments to the Federal Rules of Bankruptcy Procedure

The Avoiding Powers and the Automatic Stay
- Standing of creditors and committees
- Voidable preferences; the ordinary course defense; earmarking defense
- Insider preferences
- Fraudulent transfers: UFTA and Bankruptcy Code Sections 544(b) and 548
- Bankruptcy Code Section 546 statute of limitations
- Relief from stay
- Valuation disputes

Creditors’ Committees
- Appointment by the Office of the U.S. Trustee
- Functions
- Duties and powers - scope of disclosure to creditors
- Compensation
- Liabilities and exculpatory provisions

Employment and Compensation of Professionals
- Section 327 disinterestedness and disclosure
- Section 1103 committee counsel and conflicts
- Compensation criteria
- Disgorgement and fee enhancement
- Substantial contribution
- Oversecured creditors’ attorney fees