District of Columbia

With low energy commodity prices the new reality, E&P companies are being forced to restructure their balance sheets — both in and out of court. This panel will discuss legal issues that are crucial to advising a client in E&P restructurings and how those issues may shape your strategy, including oil and gas leases as absolute conveyances and the protection of royalty-holders; ORRIs, NPIs and production payments; plugging and abandonment liability; M&M liens; borrowing bases under RBL credit facilities; and joint operating agreements.

“So, a lawyer, a judge, and two ABI Presidents walk into a bar….” This panel on professionalism will be designed as a roundtable discussion on professional conduct within the world of bankruptcy. The panelists will discuss ABI’s Principles of Civility and engage the audience in a thoughtful discussion about managing professional relationships with clients, opposing counsel/parties, and the court.

Chaos erupts when a bankruptcy case collides with different spheres of the law. Bankruptcy lawyers continuously have to consider other legal areas in the course of their practice. Your clients routinely seek your guidance because of legal problems arising from other legal matters, ranging from divorce to real estate to commercial litigation. This presentation will assist you in rendering proper legal advice.

This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.

This year’s hot topics will include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7.