District of Columbia

NO CLE - Multi-Debtor Cases

Each affiliated debtor and its creditors have potentially conflicting interests in maximizing assets and minimizing claims, so how are these interests reconciled in multi-debtor cases?; can one board make decisions for all debtors?; when is an independent board or CRO needed to represent the interests of a particular business unit, and why don’t we see that more often?; how should one arrange intercompany DIP financing?; how should one ensure that all constituencies are represented and that key stakeholders are at the table?; should there be multiple creditors’ committees?; use of examiners an

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NO CLE - So You’ve Filed a 363 Motion; Now, What About…

Discussion about unanticipated and anticipated problems in chapter 11 cases in which all or substantially all of the assets are being sold in a § 363 sale; “pay to play” arguments by unsecured creditors; should bankruptcies be run exclusively for the benefit of secured creditors?; presale orders regarding the use of sale proceeds; funding of wind-down costs and payment of administrative claims; post-sale chapter 7 conversions

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NO CLE - Expanded Use of § 9019 in Connection with Bankruptcy Plans and Other Confirmation Issues

What are the consequences of using § 9019 settlements as a means of resolving primary intercreditor disputes?; does application of settlement approval standards effectively alter § 1129 standards?; do settlements become sub rosa plans?; is the door open for “involuntary settlements” based on a debtor’s assessment of litigation probabilities?; other related issues might include “gifting” through § 9019 in the Third Circuit vs.

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NO CLE - Cross-Border Bankruptcy Issues

Nortel (involving two courts simultaneously trying allocation issues); Kelmsley (U.S./U.K. courts regarding anti-suit injunction); ABC Learning/Fairfield Sentry (circuit court cases involving chapter 15 recognition); troubled foreign banks’ use of chapter 15 (Anglo Irish, Banco Pontual S.A.); In re Barnet (Octaviar)

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NO CLE - Committee Educational Sessions - Business Reorganization/Secured Credit/Ethics & Professional Compensation

Dilemmas of Dying Businesses: Practical and Ethical Issues to Consider When Representing Businesses that Are on Death’s Doorstep

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NO CLE - Committee Educational Sessions - Mediation Committee

Inaugural organizational meeting for this new ABI committee focusing on mediation and other ADR methods applied in the bankruptcy process, including conflict-resolution skills development, overcoming impasses, multiparty mediations, confidentiality and more. The committee will consider Model Rules for courts on the use of mediation, mediator qualifications and compensation.

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NO CLE - Committee Educational Sessions - Technology & Intellectual Property/Young and New Members

IP Issues in Bankruptcy Deals

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NO CLE - Committee Educational Sessions - Commercial Fraud/Real Estate

Shoveling Through the Dirt of Real Estate Fraud

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NO CLE - Committee Educational Sessions - Bankruptcy Taxation

Preparing for Metamorphosis: Tax Questions Arising from Changes in Debt from Recourse to Nonrecourse (or vice versa) — Bankruptcy Discharges, Anti-Deficiency Statutes and § 1111(b)

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NO CLE - 18th Annual Great Debates

Past Presidents’ Debate:

Michael P.
Richman Hunton & Williams LLP; New York
Deborah D. Williamson
Cox Smith Matthews Incorporated; San Antonio

Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process.

Judicial Debate:

Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Frank J. Santoro
U.S. Bankruptcy Court (E.D. Va.); Norfolk

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