Events

EVENTS

Practising Law Institute's 31st Annual Current Developments in Bankruptcy & Reorganization 2009

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)

Why You Should Attend:
With today’s volatile credit markets reflecting an insolvency crisis and meltdown for many sectors of the economy, staying abreast of the current developments in restructuring, bankruptcy and reorganizations is more important than ever. At this essential conference, an expert faculty of leading practitioners, bankruptcy judges and academics will provide you with a comprehensive review and analysis of hot case developments, major bankruptcy decisions, rules and trends that affect your practice on behalf of debtors, bondholders, lenders, diverse groups of creditors, hedge funds, vendors, committees, and parties to executory contracts and other transactions. 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:
- Lehman, WaMu and other case developments
- The BAPCPA amendments and case law - impact on business Chapter 7 and 11 cases
- The impact of recent decisions on DIPs, trustees, creditors, committees and counsel
- Important jurisdictional and procedural issues
- Structured finance developments - repos, swaps, forward contracts, derivatives
- First day orders and Section 105
- The powers and fiduciary duties of creditors’ and equity committees
- Employment and compensation of counsel, accountants and other professionals
- How to recognize ethical issues and avoid missteps in your bankruptcy and reorganization cases
- New developments regarding unsecured and secured claims
- Section 502(b)(6) cap on lessor’s rent claims
- Modified ordinary course of business defense to voidable preference attacks
- Executory contracts and leases - assumption, rejection and “ride through”
- New provisions and law on plan proposals, disclosure statements and confirmation of a plan
- Powers and treatment of tort claimants
- International and cross-border insolvencies, inbound and outbound

Who Should Attend:
This advanced program is designed for a wide range of bankruptcy, reorganization and other transactional practitioners, in-house counsel and others who may be involved in restructurings and insolvency cases. They should have at least basic knowledge of the Bankruptcy Code, Rules and procedures. This program will help transactional and litigation lawyers prepare for and deal with defaults and restructurings.

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

Topics:
The Financial Crisis and BAPCPA’s Impact on Chapter 7 and 11 Business Cases - Lehman, WaMu, et al.
- Marketplace changes
- Voluntary and involuntary bankruptcy eligibility issues
- Retention of professionals and investment bankers
- Patient care ombudsman
- Limitations on KERPS - case developments
- Reclamation claims
- Executory contract changes
- Structured finance changes
- Preferences - ordinary course changes
- Chapter 11 changes
- Time limits on plan filing by DIP
- New Chapter 15 on cross border insolvencies
- Amendments to the Federal Rules of Bankruptcy Procedure and key local rules

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

The Automatic Stay and Avoiding Powers
- Changes on scope of stay and exceptions - extraterritoriality
- Relief from stay
- Valuation disputes
- Standing of creditors and committees to avoid transfers
- 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

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