Why you should attend
Businesses in financial distress are not an unusual sight these days, and as a result, it is essential for attorneys of all levels and in all practice areas to become familiar with the fundamental tenets of bankruptcy law. Whether you are just starting out in your career, thinking about broadening your practice area to include this field, or want to be able to spot the issues when advising your clients, this program will provide you with an essential foundation. Hear from a premier faculty of experts who will arm you with the practice tips and basic concepts every bankruptcy attorney needs. Learn how to guide your clients through this complicated process, and find out what questions to ask your clients. Learn when it is time for a distressed company to consider bankruptcy and discover when reorganization is an option. This course is perfect for attorneys who want to learn or re-learn how to counsel their clients on bankruptcy issues in the most effective manner.
What you will learn
- Overview of the bankruptcy system
- The role of the debtor in possession, trustee, creditors’ committee, examiner, and chief restructuring officer
- Options available to a financially troubled company
- The timeline for bankruptcy filings and steps involved
- Collection enforcement actions against a company that files Chapter 11
- Secured claims and claim priorities
- Bankruptcy and unexpired leases, executory, and other contracts
- Preference and fraudulent transfer avoiding powers and how to prosecute and defend them
- The Chapter 11 Plan: Drafting, solicitation and confirmation
- Rights and remedies of creditors in Chapter 11 bankruptcy cases
- Procedural requirements for debtors, creditors and their attorneys in bankruptcy
- Bankruptcy professionals and the requirements for their employment and compensation
- The company after bankruptcy
- Earn one hour of Ethics credit!
Who should attend
This program is designed for attorneys of all experience levels, and non-legal professionals who want to develop a strong working knowledge of business bankruptcy law and practice.
Day One: 9:00 a.m. - 5:00 p.m.
Morning Session: 9:00 a.m. - 12:15 p.m.
9:00 Introduction
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
- Disclosure
- Notice and hearing
- Motion practice, adversary proceedings and contested matters
- Abstention, removal and remand
- Compromise and settlement
- Appeals
- Examinations in bankruptcy
Hon. William J. Lafferty, Hon. Dennis Montali, David B. Shemano
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
Joshua M. Fried, Lewis Kruger, David B. Shemano
12:15
Lunch
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. Sheri Bluebond, Cecily A. Dumas, David G. Epstein
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
Hon. Sheri Bluebond, Joshua M. Fried
3:45 Networking Break
4:00 Assumption or Rejection of Executory Contracts and Unexpired Leases
- Definition of executory contracts
- Disguised leases
- Assumption
- Assignment
- Rejection
- Ride-through
- Rights and remedies of the non-debtor parties
Ali M.M. Mojdehi, Howard J. Weg
5:00
Adjourn
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
- Preferences
- 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
Gerald F. Munitz, Peter S. Muñoz
10:15 Reorganization (Chapter 11)
- Debtor-in-possession
- 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, Ali M.M. Mojdehi, Gerald F. Munitz
11:15 Networking Break
11:30 Chapter 11 Plan
- Exclusivity
- Classification of claims
- Impairment of claims
- Mandatory plan provisions
- Permissive plan provisions
- Chapter 11 liquidating plans
Steven H. Felderstein, Megan A. Lewis, Gerald F. Munitz
12:45 Lunch
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, Gerald F. Munitz
3:30 Networking Break
3:45 Basic Ethical Considerations in Bankruptcy
- Trustees
- 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
Cecily A. Dumas, Gerald F. Munitz, Howard J. Weg
5:00 Adjourn
Co-Chair(s)
Speaker(s)
David G. Epstein ~ Haynes and Boone, LLP; George E. Allen Professor of Law, University of Richmond School of Law
Lewis Kruger ~ Chief Restructuring Officer, Residential Capital, LLC
Program Attorney(s)
San Francisco Seminar Location
PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800
San Francisco Hotel Accommodations
The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.
Due to high demand we recommend reserving hotel rooms as early as possible.