eConference
2017 Jay L. Westbrook Bankruptcy eConference
Contains material from Dec 2017 to Jan 2018
2017 Jay L. Westbrook Bankruptcy eConference
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UT Law's 36th Annual Jay L. Westbrook Bankruptcy Conference is one of the premier bankruptcy programs in the nation. The conference attracts a stellar national faculty of prominent judges, academics, and practitioners and provides an in-depth focus on current issues and topics in business and consumer bankruptcy.
Program highlights:
Program highlights:
- Listen as Professor Jay L. Westbrook leads a panel of distinguished practitioners to discuss this year’s cases in the perennial favorite, Recent Developments.
- A Peek Under the Robes: Judicial Panel, moderated by Judge H. Christopher Mott offers a unique showdown between Bankruptcy Judges and their trusty Law Clerks
- Get the latest on bankruptcies in the real estate, healthcare, and retail industries
- Hear presentations from both concurrent tracks:
- Business Track includes discussions on the rise of equity committees; the briefing, arguments, and implications of the U.S. Supreme Court’s consideration (and perhaps decision) of the scope of the Section 546(e) safe harbor in Merit Management Group v. FTI Consulting; what steps a company should and should not take prior to a bankruptcy filing; implications of Jevic on business bankruptcy cases; and practice tips to avoid pitfalls in post-confirmation subject matter jurisdiction.
- Consumer Track includes discussions on dischargeability of taxes in Chapter 7 and 13 cases; Community Property, Divorce and Bankruptcy—What Could Possibly go Wrong; How to Make the Trustee Happy and Keep Your Client out of Trouble; Espinosa Update and Other Post-Confirmation Chapter 13 Matters.
- Gain insight on Jevic; student loans; SCOTUS judicial decision making; formulating, confirming and implementing complex plans; trail advocacy for bankruptcy practitioners; and much more.
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1.
Recent Developments (Jan 2018)
Jay L. Westbrook, R. Byrn "Byrnie" Bass Jr., Deborah B. Langehennig, Bill Rochelle, Deborah D. Williamson
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4 pgs
Session 1
—80 mins
Recent Developments (Jan 2018)
A tradition like none other! Explore the year's most important consumer and business cases.
Originally presented: Nov 2017 Bankruptcy Conference
Jay L. Westbrook,
The University of Texas School of Law - Austin, TX
R. Byrn "Byrnie" Bass Jr.,
Attorney at Law - Lubbock, TX
Deborah B. Langehennig,
Chapter 13 Trustee - Austin, TX
Bill Rochelle,
American Bankruptcy Institute - New York, NY
Deborah D. Williamson,
Dykema Cox Smith - San Antonio, TX
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2.
Jevic Follow Up—Structured Dismissals and Gifting Cases (Jan 2018)
Sally McDonald Henry
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Session 2
—25 mins
Jevic Follow Up—Structured Dismissals and Gifting Cases (Jan 2018)
In Jevic, the Supreme Court held that a settlement incorporated in a structured dismissal of a Chapter 11 case could not violate the priority rules of the bankruptcy code. Most structured dismissals that violate the bankruptcy code's priority rules, however, are approved on the theory that the priority-skipping payments are gifts. Explore whether practitioners are trying to avoid the code's priorities using gifting theories, notwithstanding Jevic, and are they having success?
Originally presented: Nov 2017 Bankruptcy Conference
Sally McDonald Henry,
Texas Tech School of Law - Lubbock, TX
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3.
SCOTUS Judicial Decision Making in Bankruptcy Cases (Jan 2018)
Ronald J. Mann
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23 pgs
Session 3
—42 mins
SCOTUS Judicial Decision Making in Bankruptcy Cases (Jan 2018)
Since the adoption of the Bankruptcy Code 40 years ago, the Supreme Court's decisions interpreting the Code systematically have narrowed the Code's application, hampering the development of the comprehensive bankruptcy system Congress envisioned in its decade-long project to fashion the Code.
Originally presented: Nov 2017 Bankruptcy Conference
Ronald J. Mann,
Columbia Law School - New York, NY
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4.
Bankruptcy’s Role in Alleviating Student Debt Burdens (Jan 2018)
Chrystin Ondersma, Charlie Shelton
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Session 4
—29 mins
Bankruptcy’s Role in Alleviating Student Debt Burdens (Jan 2018)
Discuss bankruptcy’s potential role in alleviating student debt burdens by exploring existing case law and practice experience surrounding the “undue hardship” determination.
Originally presented: Nov 2017 Bankruptcy Conference
Chrystin Ondersma,
Rutgers Law - Newark, NJ
Charlie Shelton,
Office of the Texas Attorney General - Austin, TX
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5.
Wanting a Seat at the Table: The Rise of Equity Committees (Jan 2018)
Christopher Manuel Lopez, Kelli Norfleet
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Session 5
—48 mins
Wanting a Seat at the Table: The Rise of Equity Committees (Jan 2018)
Existing equity holders of Chapter 11 debtors are increasingly requesting appointment of official committees of equity holders pursuant to section 1102 of the Bankruptcy Code. Examine the standard for appointment and role of equity committees, recent cases in which courts have granted and denied requests for appointment of an equity committee, and whether equity committees enhance shareholder recoveries in Chapter 11 cases.
Originally presented: Nov 2017 Bankruptcy Conference
Christopher Manuel Lopez,
Weil, Gotshal & Manges LLP - Houston, TX
Kelli Norfleet,
Haynes and Boone, LLP - Houston, TX
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6.
Community Property, Divorce and Bankruptcy—What Could Possibly go Wrong? (Dec 2017)
Hon. Eduardo V. Rodriguez, Leigh Ann Tognetti
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Session 6
—44 mins
Community Property, Divorce and Bankruptcy—What Could Possibly go Wrong? (Dec 2017)
An irreconcilable approach to Texas Homestead Proceeds.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. Eduardo V. Rodriguez,
U.S. Bankruptcy Court, Southern District of Texas - McAllen, TX
Leigh Ann Tognetti,
Marcos D. Oliva, PC - Brownsville, TX
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7.
Planning on Staying? (Jan 2018)
Hon. Leif M. Clark (retired)
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Session 7
—26 mins
Planning on Staying? (Jan 2018)
Post-confirmation subject matter jurisdiction may well depend on how you draft your plan. Hear practice tips on how to avoid pitfalls.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. Leif M. Clark (retired),
Leif M. Clark Consulting, PLLC - San Antonio, TX
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8.
How To Make the Trustee Happy and Keep Your Client Out of Trouble (Dec 2017)
Michael V. Baumer, Allison D. Byman, Randy W. Williams
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Session 8
—60 mins
How To Make the Trustee Happy and Keep Your Client Out of Trouble (Dec 2017)
Gain insight on preparing the debtor(s) for the bankruptcy filing, forms and testimony at the 341 meeting and how to make the filing less stressful for you, your client(s) and the trustee.
Originally presented: Nov 2017 Bankruptcy Conference
Michael V. Baumer,
Law Office of Michael Baumer - Austin, TX
Allison D. Byman,
Hughes Watters Askanase, LLP - Houston, TX
Randy W. Williams,
Thompson & Knight LLP - Houston, TX
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9.
Chapter Five versus the Securities Markets—the Scope of Section 546(e) (Jan 2018)
Jason J. DeJonker, Gregory S. Schwegmann
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76 pgs
Paper
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26 pgs
Paper
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33 pgs
Session 9
—31 mins
Chapter Five versus the Securities Markets—the Scope of Section 546(e) (Jan 2018)
Join counsel for the Respondent and the Petitioner respectively, as they discuss the briefing, arguments, and implications of the U.S. Supreme Court’s consideration (and perhaps decision) of the scope of the Section 546(e) safe harbor in Merit Management Group v. FTI Consulting.
Originally presented: Nov 2017 Bankruptcy Conference
Jason J. DeJonker,
Bryan Cave LLP - Chicago, IL
Gregory S. Schwegmann,
Reid Collins & Tsai LLP - Austin, TX
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10.
Business Bankruptcy / Pre-Planning Pitfalls (Jan 2018)
Charles Braley, Vickie L. Driver, Sugi Hadiwijaya
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Session 10
—42 mins
Business Bankruptcy / Pre-Planning Pitfalls (Jan 2018)
What steps should a company take or not take prior to a bankruptcy filing? Discuss several topics around this question, including ethical considerations that often come into play.
Originally presented: Nov 2017 Bankruptcy Conference
Charles Braley,
AlixPartners LLP - Chicago, IL
Vickie L. Driver,
Husch Blackwell LLP - Dallas, TX
Sugi Hadiwijaya,
CR3 Partners - Dallas, TX
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11.
Espinosa Update and Other Post-Confirmation Chapter 13 Matters (Dec 2017)
Hon. Mark X. Mullin, David G. Peake
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Session 11
—46 mins
Espinosa Update and Other Post-Confirmation Chapter 13 Matters (Dec 2017)
Hear a review and discussion of post-Espinosa decisions. Also, since many unique issues often arise in Chapter 13 cases after confirmation of the Debtors’ Chapter 13 Plan, participate in a discussion of various post-confirmation issues including: plan modification issues; post-confirmation duties and tasks of Debtors’ and their attorneys; and post-confirmation requirements of lenders.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. Mark X. Mullin,
U.S. Bankruptcy Court, Northern District of Texas - Fort Worth, TX
David G. Peake,
Chapter 13 Trustee - Houston, TX
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12.
The Implications of Jevic on Business Bankruptcy Cases (Jan 2018)
Louis M. Phillips
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Session 12
—31 mins
The Implications of Jevic on Business Bankruptcy Cases (Jan 2018)
More on Jevic and structured dismissals. Why? Because when the Supreme Court speaks once, we need to listen twice.
Originally presented: Nov 2017 Bankruptcy Conference
Louis M. Phillips,
Kelly Hart & Hallman LLP - Baton Rouge, LA
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13.
Tax Treatment (Dec 2017)
John Akard Jr.
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Session 13
—28 mins
Tax Treatment (Dec 2017)
Hear an overview of the dischargeability of taxes in Chapter 7 and 13 cases.
Originally presented: Nov 2017 Bankruptcy Conference
John Akard Jr.,
Coplen & Banks, P.C. - Houston, TX
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14.
Distressed Real Estate Update: Signs of the Next Bubble? (Jan 2018)
J. Frasher Murphy, Mark Shapiro
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Session 14
—31 mins
Distressed Real Estate Update: Signs of the Next Bubble? (Jan 2018)
Explore the current state of the real estate industry and the developing legal issues in real estate workouts and bankruptcy.
Originally presented: Nov 2017 Bankruptcy Conference
J. Frasher Murphy,
Haynes and Boone, LLP - Dallas, TX
Mark Shapiro,
GlassRatner Advisory & Capital Group - Dallas, TX
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15.
The Paradigm Shift in Retail, 2017 (Jan 2018)
Hon. Stacey G. C. Jernigan, Adam Rosen
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Session 15
—50 mins
The Paradigm Shift in Retail, 2017 (Jan 2018)
Explore why the retail industry is experiencing what most would consider a “bloodbath” right now, and the available strategies that are, or can be, pursued in this environment.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. Stacey G. C. Jernigan,
U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Adam Rosen,
B. Riley Financial - New York, NY
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16.
To Profit or Not-To-Profit, That Is The Question (Jan 2018)
Hon. Melanie L. Cyganowski (retired), Hal F. Morris, Louis E. Robichaux IV
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Session 16
—44 mins
To Profit or Not-To-Profit, That Is The Question (Jan 2018)
Join distinguished practitioners—a retired bankruptcy judge, a financial advisor and an assistant State attorney general—for an advanced discussion on the interplay between nonprofit organizational issues, and healthcare bankruptcy restructuring.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. Melanie L. Cyganowski (retired),
Otterbourg P.C. - New York, NY
Hal F. Morris,
Office of the Attorney General - Austin, TX
Louis E. Robichaux IV,
Ankura Consulting Group, LLC - Dallas, TX
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17.
Artificial Intelligence and its Effect on the Legal Industry (Jan 2018)
Dan Jansen
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Session 17
—33 mins
Artificial Intelligence and its Effect on the Legal Industry (Jan 2018)
AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.
Originally presented: Nov 2017 Bankruptcy Conference
Dan Jansen,
Nextlaw Labs - Palo Alto, CA
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18.
Getting the Ball to the Goal (Jan 2018)
Hon. David R. Jones
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Session 18
—27 mins
Getting the Ball to the Goal (Jan 2018)
Explore the fundamentals of trial advocacy.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. David R. Jones,
U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
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19.
It’s About Time: Value as a Temporal Construct (Jan 2018)
Patricia Baron Tomasco
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Session 19
—17 mins
It’s About Time: Value as a Temporal Construct (Jan 2018)
When collateral and enterprise value change over the life of a case, what are the statutes, rules and tools to maximize your client’s position?
Originally presented: Nov 2017 Bankruptcy Conference
Patricia Baron Tomasco,
Jackson Walker LLP - Austin, TX
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20.
Professional Responsibility Rules and (Other) Barriers to Access to Civil Justice (Jan 2018)
Lois R. Lupica
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Session 20
—42 mins
Professional Responsibility Rules and (Other) Barriers to Access to Civil Justice (Jan 2018)
The demand for affordable access to civil legal services is on the rise at the same time we face significant threats to sustainable public funding for legal services. This leaves many disadvantaged and financially challenged people who face civil legal issues to navigate the legal system without professional legal assistance. The good news is that we have begun to see the development of alternative legal services delivery models and the emergence of innovative solutions designed to address the access to justice crisis. Such innovative approaches are starting to lead to greater efficiencies in legal services delivery and improved self-help and assisted-self-help tools. This Ethics Presentation will discuss the ways in which the Rules of Professional Conduct both support and impede our efforts to address the removal of barriers to access to civil justice.
Originally presented: Nov 2017 Bankruptcy Conference
Lois R. Lupica,
Maine Law Foundation Professor of Law, University of Maine School of Law - Portland, ME
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21.
Beyond ASARCO: Fee Shifting and Recovery in Bankruptcy Litigation (Jan 2018)
Michael P. Cooley, Sean B. Davis
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Session 21
—45 mins
Beyond ASARCO: Fee Shifting and Recovery in Bankruptcy Litigation (Jan 2018)
Fees are recoverable for more than just representing debtors and committees. Explore the circumstances and mechanics under which fees may be pursued and recovered in discovery and bankruptcy-related litigation.
Originally presented: Nov 2017 Bankruptcy Conference
Michael P. Cooley,
Bryan Cave LLP - Dallas, TX
Sean B. Davis,
Winstead PC - Houston, TX
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22.
Formulating, Confirming and Implementing Complex Plans: Lessons From Life Partners (Jan 2018)
David M. Bennett, Michael D. Napoli, Joseph J. Wielebinski Jr.
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6 pgs
Session 22
—45 mins
Formulating, Confirming and Implementing Complex Plans: Lessons From Life Partners (Jan 2018)
Using their experience in the Life Partners mega case, the panelists will discuss a variety of issues including competing plans, disclosure and solicitation problems as well as post confirmation transition and operational challenges.
Originally presented: Nov 2017 Bankruptcy Conference
David M. Bennett,
Thompson & Knight LLP - Dallas, TX
Michael D. Napoli,
Dykema Cox Smith - Dallas, TX
Joseph J. Wielebinski Jr.,
Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
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23.
Lessons Learned During and After My Storm (Jan 2018)
Hon. Elizabeth W. Magner
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Session 23
—29 mins
Lessons Learned During and After My Storm (Jan 2018)
Discuss challenges and solutions experienced by the Eastern District of Louisiana in the wake of Hurricane Katrina. Explore how legal practices were restored, returning the courthouse to a functioning facility, and how the public and clients recovered. Learn what worked and more importantly, what did not to stabilize the areas hardest hit and rebuild.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. Elizabeth W. Magner,
U.S. Bankruptcy Court, Eastern District of Louisiana - New Orleans, LA
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24.
A Peek Under the Robes: Judicial Panel (Jan 2018)
Hon. H. Christopher Mott, Hon. Tony M. Davis, Hon. Mark X. Mullin, Hon. Brenda T. Rhoades, Scott Everett, Leslie R. Masterson, Sarah Darnell Wood
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Session 24
—55 mins
A Peek Under the Robes: Judicial Panel (Jan 2018)
Witness a unique showdown between Bankruptcy Judges and their trusty Law Clerks, offering a glimpse into Chambers and how decisions are really made.
Originally presented: Nov 2017 Bankruptcy Conference
Hon. H. Christopher Mott,
U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Hon. Tony M. Davis,
U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Hon. Mark X. Mullin,
U.S. Bankruptcy Court, Northern District of Texas - Fort Worth, TX
Hon. Brenda T. Rhoades,
U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Scott Everett,
Law Clerk, U.S. Bankruptcy Court, Northern District of Texas - Forth Worth, TX
Leslie R. Masterson,
Law Clerk, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Sarah Darnell Wood,
Law Clerk, U.S. Bankruptcy Court, Western District of Texas - Austin, TX