Day One: 9:00 a.m. - 5:00 p.m.
Morning Session: 9:00 a.m. - 12:15 p.m.
9:15 Overview of U.S. Bankruptcy System & Procedural Basics
- General purposes, policies and structure of the bankruptcy system
- Bankruptcy courts and judges
- Jurisdiction and venue
- Role of U.S. Trustee
- Standing in bankruptcy
- Notice and hearing
- Motion practice, adversary proceedings and contested matters
- Abstention, removal and remand
- Compromise and settlement
- Examinations in bankruptcy
Judith Elkin, Hon. Allan L. Gropper, Gerald F. Munitz
10:45 Networking Break
11:00 Practice Points: Commencing a Bankruptcy Case
- Pre-Filing Considerations - Your client is in financial distress, now what?
- Who may be a debtor
- What type of case to file
- Where to file
- Filing preparation and planning
- Commencing a case
- Petition and other required documents
- Voluntary case
- Involuntary case
- Schedules of assets and statements and financial affairs
- First-day motions
Karen A. Giannelli, Lewis Kruger, Joseph Samet
Afternoon Session: 1:30 p.m. - 5:00 p.m.
1:30 The Estate and Claims against the Estate
- Property of the estate
- Claims in bankruptcy
- Administrative expense claims
- Secured claims
- Priority unsecured claims
- General unsecured claims
- Subordination of claims
- Setoff and recoupment
- Automatic stay/adequate protection
- Debtor’s estate
Hon. Arthur J. Gonzalez, Gerald F. Munitz
2:30 Strategic Powers in Bankruptcy and Adequate Protection of Creditors’ Interests
Use, Sale or Lease of Property
- Use of cash collateral
- Sales and use of property in the ordinary course of business
- Sales free and clear of liens, claims, encumbrances and other interests
Financing Bankruptcy Cases
- Credit in the ordinary course of business
- DIP financing
- Priming liens
Joseph Samet, Jane L. Vris
3:45 Networking Break
4:00 Assumption or Rejection of Executory Contracts and Unexpired Leases
- Definition of executory contracts
- Disguised leases
- Rights and remedies of the non-debtor parties
Kathryn A. Coleman, Howard J. Weg
Day Two: 9:00 a.m. - 5:00 p.m.
Morning Session: 9:00 a.m. - 12:45 p.m.
9:00 "Avoiding Powers"- Augmentation of the Estate
- Fraudulent conveyances
- Strong-arm powers of the trustee
- Limitations on avoidance actions
- Special exceptions
- Treatment of swap agreements, commodity contracts, forward contracts, repurchase agreements and repurchase agreements in bankruptcy
- How to protect against clawback of payments received by creditors before the Chapter 11 filing
Lawrence V. Gelber, My Chi To
10:15 Reorganization (Chapter 11)
- Chapter 11 trustee and examiner
- Corporate governance and operation of the business
- Creditors’ committee
- Disclosure statement for the plan and soliciting votes on the plan
Andrew P. DeNatale, Judith Elkin
11:15 Networking Break
11:30 Chapter 11 Plan
- Classification of claims
- Impairment of claims
- Mandatory plan provisions
- Permissive plan provisions
- Chapter 11 liquidating plans
Lisa G. Beckerman, Debra A. Dandeneau
Afternoon Session: 2:00 p.m. - 5:00 p.m.
2:00 Plan Confirmation
A. Confirmation Matters
- Consensual confirmation
- Non-consensual confirmation - (“Cram Down”)
B. Post-confirmation Matters
- Effect of confirmation
- Third-party releases and injunctions
- Exemption from securities laws
- Special tax provisions
- Conclusion of the case
Andrew P. DeNatale, Steven H. Felderstein
3:30 Networking Break
3:45 Basic Ethical Considerations in Bankruptcy
- Requirements to qualify as a trustee
- Disqualification of a trustee
- Compensation of trustees
- Professionals for the estate
- Definition of “Professionals”
- Requirements for court approval of employment
- Requirements for court approval of compensation
- Ordinary course and in-house professionals
- Professionals for creditors’ committees
- Professionals for creditors
- Role of the U.S. Trustee
Hon. Allan L. Gropper, Howard J. Weg
~ Chief Restructuring Officer, Residential Capital, LLC
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: firstname.lastname@example.org
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