Claims

NO CLE - Secured Claims: Determination of Secured Status, Make-Whole Provisions, Yield Maintenance and Credit-Bidding

The determination of the amount of a secured creditor’s claim and related issues often have a significant impact on both junior creditor recoveries and the likelihood of a successful reorganization. Such cases as Gencarelli, School Specialty, Momentive Performance Materials and MPM Silicones regarding “make whole” or “yield maintenance” provisions, as well as cases like SW Boston relating to the calculation of oversecured or undersecured status, have led to further uncertainty in this area.

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NO CLE - Trustworthy Claims: Developments (such as Bellingham) on What Claims a Trustee May or May Not Bring

Join our panel of expert estate counsel, trustees and insurance counsel as they discuss issues related to standing, safe harbors, in pari delicto and other complications that insurers and defendants use to frustrate the pursuit causes of action by Trustees

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NO CLE - Yes, but Don’t Forget the Kitchen Sink: Secured Creditors’ Right to Recover Principal + Interest + Default Interest + Original Issue Discount + Late Fees + Prepayment Premiums + Fees + Expenses

This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.

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NO CLE - General Motors, Redux

Constitutional and bankruptcy law issues raised by post-bankruptcy claims asserted by tort claimants, including finality of § 363 sale orders and due process.

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NO CLE - New End Game: Current Resolutions of Chapter 11 Cases

This panel will explore how chapter 11 cases are currently being resolved, as many have not been going through a restructuring or reorganization. Structured dismissals, chapter 7 conversions, sale processes, liquidating trusts and other resolutions will be discussed.

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NO CLE - Consumer Session : Claims/Attorneys’ Fees/Impound Escrows/FDCPA Issues/Eleventh Circuit Statue of Limitations

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NO CLE - Business Session: Case Law Update

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NO CLE - Plenary Session: Great Debates!

Speakers:
Roy S. Kobert, Moderator
GrayRobinson; Orlando
1. Unbundling the Sticks: Can Debtor Counsel Limit Scope of Representation?
PRO: James H. Cossitt
James H. Cossitt, PC; Kalispell, Mont.
CON: Guy G. Gebhardt
Office of the U.S. Trustee; Atlanta

2. Eat Dirt! Can Secured Lenders be Forced to Take Title?
CON: Lynn Welter Sherman
Adams and Reese LLP; Tampa
PRO: Harley E. Riedel
Stichter, Riedel, Blain & Prosser, PA; Tampa

3. Welcome to the Laundromat! Can 363 Orders Scrub all Future Claims?
PRO: John A. Anthony
Anthony and Partners; Tampa
CON: Elizabeth A. Green

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NO CLE - Just When You Thought You Were Out, They Pull You Back In: Clawback Claims — The Story So Far

In 2009, Fairfield Sentry Ltd.’s liquidators commenced litigation in the BVI and the U.S. to recover more than $6 billion from redeeming investors. This panel discussion will discuss the basis for clawback claims generally, the recent decision by the Privy Council, and the impact of the decision for trustees, liquidators and redeeming investors going forward.

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NO CLE - Great Debates!

Resolved: The absolute priority rule should be eliminated in multi-debtor cases.
Speakers:
Pro: Hon. James M. Peck (ret.)
Morrison & Foerster LLP; New York
Con:Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington

Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate.
Speakers:
Pro: Carren B. Shulman
Sheppard, Mullin, Richter & Hampton LLP; New York

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