This seminar is designed for attorneys and other legal staff, credit and collection managers and lending officers.
With the downturn in the economy over the past year and the increased filing of individual and corporate bankruptcies, this seminar will benefit new lawyers and experienced lawyers looking to start a bankruptcy practice, and those lawyers looking to expand their already existing bankruptcy practices. Credit managers and lending officers will also benefit from this seminar.
Topics to be discussed include:
• Filing A Bankruptcy Case
• Overview Of A Chapter 11 Case
• Employee Professionals
• Hiring A Business Turnaround Expert
• Litigation In The Bankruptcy Forum
9:00 a.m. - 9:45 a.m.
I. Filing A Bankruptcy Case
A. Who Can File A Case
B. Where The Case Can Be Filed
C. Implications Of Filing A Petition
1. The Automatic Stay
2. Property Of The Estate And Its Use
3. The Debtor’s Duties
D. The United States Trustee
9:45 a.m. - 10:30 a.m.
II. Overview Of A Chapter 11 Case
A. The Debtor In Possession
1. New Fiduciary Duties
2. Appointment Of A Trustee Or Examiner
B. First Day Motions
C. Role Of The Creditors’ Committee
D. Executory Contracts And Unexpired Leases
E. Negotiations And Filing A Plan
1. Who May File A Plan
2. Content Of Plan
F. The Disclosure Statement And Voting On The Plan
G. Confirming The Plan
H. The Effect Of A Confirmed Plan
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:30 a.m.
II. Overview Of A Chapter 11 Case (Continued)
11:30 a.m. - 12:00 p.m.
III. Employing Professionals
A. Sec. 327 Qualification, Importance Of Disclosure, What Is A “Connection”, Differentiation Between Lawyer And Non-Lawyer Professional For Purposes Of Conflicts
B. Prepetition Roles: Officer vs. Advisor
C. “Jay Alix” Stipulation
E. Fee Applications, Frequency Of Payment, Holdbacks, Billing Documentation
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
IV. Hiring A Business Turnaround Expert
A. Selection Process: Referral, Background, Qualifications, Types Of Firms, CTP’s, Individual vs. Firm
B. Scope Of Work: Advisor vs. Manager
C. Fee Budget
E. The Lessons Of Merry-Go-Round
1:45 p.m. - 2:45 p.m.
V. Litigation In The Bankruptcy Forum
A. Overview – What Non-Bankruptcy Litigators Need To Know When Litigating In Bankruptcy Court
1. The Rules Thicket – The Federal Rules Of Bankruptcy Procedure, Their Interaction With The Federal Rules Of Civil Procedure And Local Rules, And The Federal Rules Of Evidence
2. Litigation Management – It’s Up To You, Take Control
3. Can The Bankruptcy Judge Make A Final Decision?
B. Common Bankruptcy Disputes To Be Aware Of
1. Adversary Proceedings – Preferences And Fraudulent Transfers
2. Motions – Relief From The Automatic Stay
3. Proofs Of Claim
C. Can You Escape From The Debtor’s Haven?
1. Withdrawal Of The Reference And The Jury Trial Conundrum
D. Bankruptcy Appeals
1. The Rules Thicket Again – Bankruptcy Appellate Rules, The Federal Rules Of Appellate Procedure, Local Appellate Rules And Internal Operating Manuals
2. Timing, Stays, Bonds, Expedited Appeals
3. Standard Of Review
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:00 p.m.
V. Litigation In The Bankruptcy Forum (Continued)
4:00 p.m. - 4:30 p.m.
VI. Questions To The Panel