Rhode Island

The trial team in this session will explore strategies to quickly discover essential facts relating to substantive and procedural legal defenses by discussing the use of discovery, the proper use of and best practices for motions for summary judgment and developing the summary judgment record, and strategies for opposing summary judgment in a contested matter to which Part VII of the Federal Rules of Bankruptcy Procedure apply. The context will be an objection to a proof of claim asserting legal defenses, including improper interest charges, based on a hypothetical case.

This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues with respect to plan confirmation, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. How would you rule?

This panel of Chapter 9 specialists will discuss the Chapter 9 bankruptcy process including eligibility under Chapter 9, the authority of the bankruptcy court, powers of the municipal debtor, the role of creditors, the automatic stay, issues peculiar to certain types of Chapter 9 debtors such as hospitals and cities and the recent developments in chapter 9.

Lien-stripping, short sales and other contested confirmation issues will be highlighted.

This panel is part of our continuing series on drafting skills for bankruptcy and restructuring attorneys. The panel is intended to provide a practical “how to” discussion and analysis of drafting chapter 11 plan documents including the Disclosure Statement, the Chapter 11 Plan, Liquidating Trust Agreements, and related document. The panel will provide form documents and discuss heavily negotiated or scrutinized provisions in these documents.