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Current Issues in Business Bankruptcy: In-House Counsel as Witnesses, Chapter 11 Bankruptcy, Adequate Protections, and more

Contains material from Dec 2018

Current Issues in Business Bankruptcy: In-House Counsel as Witnesses, Chapter 11 Bankruptcy, Adequate Protections, and more
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Session 1: In the Hot Seat: In-House Counsel as Witnesses The use of in-house counsel as a witness has potential benefits and – more importantly – pitfalls for both the client and counsel. Learn what is the best way to navigate those ethical and legal pitfalls.
 
Session 2: Workout Tactics and Other Strategies to Avoid Chapter 11 Bankruptcy With the expense of Chapter 11 increasing, what tactics or strategies should a restructuring professional consider if Chapter 11 bankruptcy is not the preferred alternative.
 
Session 3: Adequate Protections Evaluate the trends of adequate protection in the use, sale or lease of property of the estate. Focus on a few case studies and review the legal trends and types of adequate protection which courts have either recently approved or which may become more common in the future, especially as interest rates and liquidity tightens. 
 
Session 4: Expert Nightmares Getting your expert’s opinion into the record and adopted by the Court can be the difference between victory and defeat. Using published opinions as a springboard, key turning points in assisting and persuading the Court with expert opinions are examined.

Session 5: (Almost) Everything You Ever Wanted to Know About Chapter 11 Plans Before heading off for cocktail hour, be sure to brush up on chapter 11 plan developments so you can be the life of the party. Listen to a discussion about recent plan-related developments including substantive consolidation, “per plan” versus “per debtor” considerations, third-party releases, artificial impairment, good faith and a number of other issues that will keep your guests thoroughly entertained.

Includes: Video Audio Paper Slides


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1. In the Hot Seat: In-House Counsel as Witnesses (Dec 2018)

Eric D. Madden

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
15 pgs
(pdf)
15 pgs
Session 1 —31 mins
In the Hot Seat: In-House Counsel as Witnesses (Dec 2018)

The use of in-house counsel as a witness has potential benefits and – more importantly – pitfalls for both the client and counsel. Learn what is the best way to navigate those ethical and legal pitfalls.

Originally presented: Nov 2018 Bankruptcy Conference

Eric D. Madden, Reid Collins & Tsai LLP - Dallas, TX

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2. Workout Tactics and Other Strategies to Avoid Chapter 11 Bankruptcy (Dec 2018)

Kevin Mark Lippman, Mark Shapiro

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(mp4)
32 mins
(mp3)
32 mins
(pdf)
16 pgs
(pdf)
9 pgs
Session 2 —32 mins
Workout Tactics and Other Strategies to Avoid Chapter 11 Bankruptcy (Dec 2018)

With the expense of Chapter 11 increasing, what tactics or strategies should a restructuring professional consider if Chapter 11 bankruptcy is not the preferred alternative.

Originally presented: Nov 2018 Bankruptcy Conference

Kevin Mark Lippman, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
Mark Shapiro, GlassRatner - Dallas, TX

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3. Adequate Protections (Dec 2018)

Patrick L. Hughes

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
20 pgs
(pdf)
12 pgs
Session 3 —31 mins
Adequate Protections (Dec 2018)

Evaluate the trends of adequate protection in the use, sale or lease of property of the estate. Focus on a few case studies and review the legal trends and types of adequate protection which courts have either recently approved or which may become more common in the future, especially as interest rates and liquidity tightens.

Originally presented: Nov 2018 Bankruptcy Conference

Patrick L. Hughes, Haynes and Boone, LLP - Houston, TX

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4. Expert Nightmares (Dec 2018)

Hon. Marvin Isgur, J. Ken Johnson

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(mp4)
44 mins
(mp3)
44 mins
(pdf)
7 pgs
Session 4 —44 mins
Expert Nightmares (Dec 2018)

Getting your expert’s opinion into the record and adopted by the Court can be the difference between victory and defeat. Using published opinions as a springboard, key turning points in assisting and persuading the Court with expert opinions are examined.

Originally presented: Nov 2018 Bankruptcy Conference

Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
J. Ken Johnson, Martin | Walton LLP - Houston, TX

Show session details

5. (Almost) Everything You Ever Wanted to Know About Chapter 11 Plans (Dec 2018)

Aaron Michael Kaufman, David W. Parham, Alexandra Schwarzman

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(mp4)
37 mins
(mp3)
37 mins
(pdf)
12 pgs
Session 5 —37 mins
(Almost) Everything You Ever Wanted to Know About Chapter 11 Plans (Dec 2018)

Before heading off for cocktail hour, be sure to brush up on chapter 11 plan developments so you can be the life of the party. Discuss recent plan-related developments including substantive consolidation, “per plan” versus “per debtor” considerations, third-party releases, artificial impairment, good faith and a number of other issues that will keep your guests thoroughly entertained.

Originally presented: Nov 2018 Bankruptcy Conference

Aaron Michael Kaufman, Dykema Gossett PLLC - Dallas, TX
David W. Parham, Akerman - Dallas, TX
Alexandra Schwarzman, Kirkland & Ellis LLP - Chicago, IL