The ABI Commission and Preference Actions: The Practical Impact on your Practice

The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception. This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more. Most importantly, the panel will assess the practical effects and foreseeable impact of implementing these recommendations. This webinar is a must-attend for attorneys who regularly represent creditors, liquidating trustees, and panel trustees in preference actions.

ACB 4th Cir. Program Considering ABI's Chapter 11 Reform Report

The American College of Bankruptcy (ACB) Fourth Circuit held a program, “Considering ABI’s Report on Chapter 11 Reform,” on Feb. 13, 2015, at the Rayburn House Office Building in Washington, D.C. The program included a discussion of the Commission’s overall philosophy and approach; treatment of SMEs; 363 sales, DIPs, safe harbors, and labor issues; and valuation and distribution issues.

Intro and First Panel

Speakers

Prof. Michelle M. Harner
University of Maryland School of Law, Baltimore
Craig Goldblatt
WilmerHale
Hon. Thomas Ambro
U.S. Court of Appeals for the Third Circuit
Danielle Spinelli
WilmerHale

Second Panel

Speakers

Hon. Wendelin Lipp
U.S. Bankruptcy Court, District of Maryland
Professor Melissa Jacoby
University of North Carolina School of Law
Judith Reich
Drinker Biddle

Third Panel

Speakers

Prof. Michelle M. Harner
University of Maryland School of Law, Baltimore
Michael Bernstein
Arnold Porter
Mark Ellenberg
Cadwalader
Hon. Judith Wizmur
U.S. Bankruptcy Court, District of New Jersey (retired)

Fourth Panel

Speakers

Professor Melissa Jacoby
University of North Carolina School of Law
Hon. Judith Wizmur
U.S. Bankruptcy Court, District of New Jersey (retired)
David Hillman
Schulte, Roth & Zabel

Fifth and Concluding Panels

Speakers

Prof. Michelle M. Harner
University of Maryland School of Law, Baltimore
Danielle Spinelli
WilmerHale
Hon. Thomas Ambro
U.S. Court of Appeals for the Third Circuit
Hon. Wendelin Lipp
U.S. Bankruptcy Court, District of Maryland
Craig Goldblatt
WilmerHale
David Hillman
Schulte, Roth & Zabel

Bloomberg BNA - 2015 Outlook on Bankruptcy

Bloomberg BNA hosted the 2015 Outlook on Bankruptcy: “What’s Ahead for Chapter 11 Reform” on Jan. 29, 2015. Members of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 participated on panels examining recommendations made in the commission’s final report. Topics included treatment of executory contracts and leases, derivatives and safe harbor provisions, recommendations on small and medium-sized enterprises, asset sales, and plan voting and confirmation issues.

Part 1

Treatment of Executory Contracts and Leases, Financial Contracts, Derivatives, Safe Harbor Provisions, Avoiding Powers and Administrative Claims

Speakers

Prof. Michelle M. Harner
University of Maryland School of Law, Baltimore; Reporter, Commission to Study the Reform of Chapter 11
Prof. Stephen Lubben
Seton Hall University Law School
Harold S. Novikoff
Wachtell, Lipton, Rosen & Katz

Part 2

Recommendations on Small and Medium-Sized Enterprises, Estate Neutral Concepts, Financing the Case, DIP Financing and Related Issues

Speakers

Jack Butler
Hilco Global
Robert J. Keach
Bernstein Shur; Co-chair of the Commission to Study the Reform of Chapter 11
Albert Togut
Togut, Segal & Segal, LLP; Co-chair of the Commission to Study the Reform of Chapter 1

Part 3

Sales, Including Sales of All or Substantially All of Assets of the Business Value Determinations, Allocation and Distribution Plan Voting and
Confirmation Issues

Speakers

Hon. Arthur J. Gonzalez
New York University Law School, U.S. Bankruptcy Court, Southern District of New York (ret.)
James P. Seery
RiverBirch Capital
Fredric Sosnick
Shearman & Sterling LLP

WEBINAR - Presentation of the FINAL REPORT

abi LIVE

Purchase Recording Here. (CLE credit where available)

Recorded On: Wednesday, December 10, 2014

Description

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. In this 90-minute webinar, several members of the Commission and the official reporter will present the key findings as submitted to Congress. Written materials will be provided.

Speakers

William A. Brandt
Babette A. Ceccotti
Prof. Michelle M. Harner
Robert J. Keach
Prof. Kenneth N. Klee
Richard B. Levin
Albert J. Togut
Deborah D. Williamson

ABI Chapter 11 Reform Report Release @ The National Press Club

Replay - Presentation from 2014 Winter Leadership Conference

Winter Leadership Conference

Palm Springs, California

 

Speakers

Robert J. Keach, Moderator
Prof. Michelle M. Harner
Albert J. Togut
William (Bill) A. Brandt Jr.
Jack Butler
Prof. Kenneth N. Klee
James H.M. Sprayregen
Bettina M. Whyte
Deborah D. Williamson
Sheila T. Smith
Geoffrey L. Berman
James T. Markus

Session REPLAY

Topic Areas of Study