2016 Bankruptcy eConference

Recent Developments (Dec 2016)

A tradition like none other! Explore the year's most important consumer and business cases.  

Originally presented: Nov 2016 Bankruptcy Conference

Jay L. Westbrook, The University of Texas School of Law - Austin, TX
R. Byrn "Byrnie" Bass Jr., Attorney at Law - Lubbock, TX
Aaron Michael Kaufman, Dykema Cox Smith - Dallas, TX
Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
Bill Rochelle, American Bankruptcy Institute - New York, NY

Bar's Reaction to BAPCPA (Dec 2016)

Learn how the consumer bankruptcy bar adapted to BAPCPA and the challenges that remain a decade later.

Originally presented: Nov 2016 Bankruptcy Conference

Angela Littwin, The University of Texas School of Law - Austin, TX

Rule 9019 Compromises: The Heart of the Bankruptcy Practice (Dec 2016)

It is often said that compromise is the heart of bankruptcy practice. Review the principles and procedures for approval of settlements in bankruptcy, including the strategic and ethical considerations that must inform both the negotiation and the presentation of the deal.

Originally presented: Nov 2016 Bankruptcy Conference

Brian T. Cumings, Graves, Dougherty, Hearon & Moody - Austin, TX
Josiah M. Daniel III, Vinson & Elkins LLP - Dallas, TX

Cramdown or in Hipster-speak "Cram" (Jan 2017)

"Cram" is a Plan weapon of choice and necessity for many debtors. Investigate secured creditor cram, with an emphasis on cram interest rates in the current environment, lien retention terms, indubitable equivalent issues, and secured class voting.

Originally presented: Nov 2016 Bankruptcy Conference

Hon. H. Christopher Mott, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
William L. Wallander, Vinson & Elkins LLP - Dallas, TX
Bettina M. Whyte, Bettina Whyte Consultants, LLC - Jackson, WY

The Sabine Bankruptcy Decision: Do Midstream Gathering and Processing Agreements Run With the Land in Texas (and elsewhere)? (Jan 2017)

The Sabine bankruptcy decision allowed the Bankruptcy Trustee to avoid a gas gathering and processing agreement that the parties expressly agreed was a covenant running with the land. The case has influenced other bankruptcies. Was Sabine correctly decided, what are the immediate consequences of the decision, and what are its long-term consequences?

Originally presented: Nov 2016 Bankruptcy Conference

Owen L. Anderson, Professor and Distinguished Oil and Gas Scholar and Kuntz Chair Emeritus & Cross Research Professor Emeritus The University of Oklahoma College of Law, The University of Texas School of Law - Austin, TX
Hon. David R. Jones, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

Frost and Its Progeny: The Proceeds Saga Continues (Jan 2017)

Review important tips and information on how to make sure to keep those important exemptions in place.

Originally presented: Nov 2016 Bankruptcy Conference

Michael V. Baumer, Law Office of Michael Baumer - Austin, TX
Hon. Eduardo V. Rodriguez, U.S. Bankruptcy Court, Southern District of Texas - McAllen, TX

A Second Look at a Fifth Circuit Take on Third Party Releases (Jan 2017)

Take another look at the “impossibility” of third party releases in the Fifth Circuit.  

Originally presented: Nov 2016 Bankruptcy Conference

Michael P. Cooley, Bryan Cave LLP - Dallas, TX
Christopher Manuel Lopez, Weil, Gotshal & Manges LLP - Houston, TX

Ethical Issues for Debtor's Counsel (Jan 2017)

How can you avoid ethical “bankruptcy?” Hear a lively discussion on how to avoid becoming part of the grievance system, including when closing down a practice and representing joint debtors during a post-petition divorce.

Originally presented: Nov 2016 Bankruptcy Conference

Mark B. French, Law Office of Mark B. French - Bedford, TX
Thomas H. Watkins, Husch Blackwell LLP - Austin, TX

Bankruptcy Remoteness (Jan 2017)

Analyze whether or not debtors may abrogate their fiduciary duty to seek bankruptcy relief either through contract or granting a "golden share." If so, does it violate public policy by restraining the right to file bankruptcy? 

Originally presented: Nov 2016 Bankruptcy Conference

Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Ashley L. Gargour, Andrews Kurth - Houston, TX

The Student Loan Crisis and Bankruptcy Relief for Student Loan Debtors Under the Bankruptcy Code's "Undue Hardship" Standard: Are the Courts Ruling More Compassionately Toward Distressed College Loan Debtors? (Jan 2017)

More than 40 million Americans have outstanding college loans, totaling $1.3 trillion. Millions of people are struggling to repay these student loans, and more than 7 million borrowers are in default. Until recently, student loan debtors found it very difficult to discharge their college loan debt in bankruptcy. Learn how, several recent court decisions may be an indication that bankruptcy courts are ruling more sympathetically toward distressed student loan debtors.

Originally presented: Nov 2016 Bankruptcy Conference

W. Richard Fossey, University of Louisiana at Lafayette - Baton Rouge, LA

Restructuring Public Finances—Chapter 9 and Alternatives (Jan 2017)

Originally presented: Nov 2016 Bankruptcy Conference

Zack A. Clement, Houston, TX

Chapter 13 Pitfalls and Traps—Things to Watch Out For (Jan 2017)

There are traps for the unwary. Discuss protecting the discharge, what to do with mortgage lenders that will not foreclose on surrendered property, disclosure and judicial estoppel, the 6-month homestead rule, and more.

Originally presented: Nov 2016 Bankruptcy Conference

Pamela A. Bassel, Standing Chapter 13 Trustee - North Richland Hills, TX
Ravi Patrick Ratnala, The Ratnala Law Firm, PLLC - Houston, TX

Drilling Deeper into the Significance of Louisiana Oil Well Liens in Energy-Related Bankruptcies (Jan 2017)

Review the process for protecting the rights afforded to parties under the Louisiana Oil Well Lien Act, La. R.S. 9:4861, et seq., prior to and during the pendency of an energy-related bankruptcy. Discuss the scope of the statutory lien, the relevant perfection procedures, and the interplay in bankruptcy of statutory liens and liens granted pursuant to mortgages and security agreements.

Originally presented: Nov 2016 Bankruptcy Conference

Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Benjamin W. Kadden, Lugenbuhl Wheaton Peck Rankin & Hubbard - New Orleans, LA

The Early Innings: Vesting and Surrendering Real Property (Jan 2017)

Hear updates on the score of cases considering whether debtors may vest title to real property in a secured lender or other third party. Also, discuss the meaning of “surrender” and the “dirt-for-debt” option in chapter 13.

Originally presented: Nov 2016 Bankruptcy Conference

Tara Twomey, National Consumer Bankruptcy Rights Center - CA
Hon. Eugene R. Wedoff, U.S. Bankruptcy Court, Northern District of Illinois - Chicago, IL

Wildcatter 101—Oil and Gas Basics for Bankruptcy Professionals  (Jan 2017)

Listen to an introduction to and overview of key concepts, issues, and topics that arise in insolvency proceedings involving companies in the oil and gas industry. This presentation “drills down” on the issues that insolvency professionals should be aware of when exploring for work in the oil patch.  

Originally presented: Nov 2016 Bankruptcy Conference

Eli O. Columbus, Haynes and Boone, LLP - Dallas, TX

Oil and Gas Restructuring 101 (Jan 2017)

Originally presented: Nov 2016 Bankruptcy Conference

J.P. Hanson, Houlihan Lokey - New York, NY and Houston TX
Shad E. Sumrow, Thompson & Knight LLP - Dallas, TX

Oil and Gas Environmental Concerns and Issues (Jan 2017)

Hear an overview of the treatment of environmental obligations in recent oil and gas bankruptcy cases, including the treatment of obligations such as plugging and abandonment and decommissioning costs and other regulatory compliance obligations. This presentation addresses the recent cases testing the limits of abandonment of assets, rejection of contracts, federal and state law compliance, bonding obligations for the oil and gas debtor, and how joint interest owners and predecessors-in-interest may be left holding the bag.   

Originally presented: Nov 2016 Bankruptcy Conference

Paul J. Goodwine, Looper Goodwine P.C. - New Orleans, LA
Mark W. Wege, Dentons US LLP - Houston, TX

Six Numbers to Remember—7, 11, 18, 22, 29, and 363: Oil and Gas Bankruptcy Exit Strategies and Realities (Jan 2017)

Originally presented: Nov 2016 Bankruptcy Conference

Charles A. Beckham Jr., Haynes and Boone, LLP - Houston, TX
Todd Perry, FTI Consulting - Dallas, TX
Hon. Tony M. Davis, U.S. Bankruptcy Court, Western District of Texas - Austin, TX

Fraudulent Transfer Update: Important Developments on Many Fronts (Jan 2017)

Review the recent issues bankruptcy counsel may encounter in prosecuting or defending fraudulent transfer disputes. Analyze the interplay between section 546(e) and fraudulent transfer actions brought under state law. Make note of the common issues in cross border litigation, including serving foreign parties and enforcing bankruptcy court judgments in jurisdictions outside the United States and its territories.

Originally presented: Nov 2016 Bankruptcy Conference

M. Jermaine Watson, M.J. Watson & Associates, P.C. - Dallas, TX
Joseph J. Wielebinski Jr., Munsch Hardt Kopf & Harr, P.C. - Dallas, TX

Class Warfare—Class Litigation Proceedings and Structures in Bankruptcy (Jan 2017)

Two distinct worlds of coordinated claims resolution proceedings collide through this discussion of the use, treatment and relevance of class litigation structures and proceedings in and to Chapter 11 bankruptcy cases, and the issues that can arise under this dynamic.

Originally presented: Nov 2016 Bankruptcy Conference

Katharine Clark, Thompson & Knight LLP - Dallas, TX
Jay H. Ong, Munsch Hardt Kopf & Harr, P.C. - Austin, TX

Trustee Duties and Liability (Jan 2017)

Being a trustee is a scary business, especially in Texas!

Originally presented: Nov 2016 Bankruptcy Conference

Hon. Keith Lundin, U.S. Bankruptcy Judge, Retired - Nashville, TN

Considerations When Choosing and Determining Venue (Jan 2017)

Address criteria for selecting an appropriate venue for a bankruptcy filing. Discuss the ethical, economic, and equitable factors that courts and parties must consider when determining venue in general, and particularly in situations involving simultaneous filings in different venues by domestic and affiliated debtors.

Originally presented: Nov 2016 Bankruptcy Conference

Sean B. Davis, Winstead PC - Houston, TX
John P. Melko, Gardere Wynne Sewell, LLP - Houston, TX

Where Have all the Equities Gone? (Jan 2017)

Section 105: hackneyed or under-used? Explore the re-characterization and subordination of equity jurisprudence and its limits. 

Originally presented: Nov 2016 Bankruptcy Conference

Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Hon. Tony M. Davis, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Patricia Baron Tomasco, Jackson Walker LLP - Austin, TX

Constraints and Opportunities Offered by the Involvement of Hedge Funds and Private Equity (Jan 2017)

Hedge funds and banks operate by different rules, respond to different incentives, and recoil from different threats. Hear the panelists discuss their differing financial underpinnings and goals, the forces that can destabilize them, and their treatment by the Bankruptcy Court. 

Originally presented: Nov 2016 Bankruptcy Conference

Michael R. "Buzz" Rochelle, Rochelle McCullough, L.L.P. - Dallas, TX
Stephen T. Crosson, Capright - Dallas, TX
Dr. Gerald Olson, GN Olson & Company, LLC - Dallas, TX

Pre-Bankruptcy Planning: Pigs, Hogs and Great Ideas That Weren’t   (Jan 2017)

My Grandmother’s rule—"Say it out loud first and if you want to slap yourself, it ain’t a great idea"—as lawyers we should know when to slap ourselves. Discuss the strange tales and law applicable to the prickly field of pre-bankruptcy planning, including a lawyer's duties and how to keep your head.   
 

Originally presented: Nov 2016 Bankruptcy Conference

Louis M. Phillips, Kelly Hart & Hallman LLP - Baton Rouge, LA