The Bankruptcy Conference brings together leading members of the bankruptcy bench, bar, and academia. Conference highlights include: • Jay Westbrook’s panel on recent developments • A primer on risk management tools and techniques • The changing landscape of debt deals • Issues in the subprime arena • LLCs/partnerships in bankruptcy • Bankruptcy, M&A, and corporate governance • Emerging duties to disclose: Rule 2019 • Separate business and consumer bankruptcy tracks and much more!
Registration Opens
Includes continental breakfast.
8:50 am
Welcoming Remarks
9:00 am
Recent Developments 1.25 hr
A survey of case law developments formed around the nation, delivered by some of the country's leading authorities on bankruptcy, with commentary by Jay L. Westbrook.
Moderator: Jay Lawrence Westbrook
- Austin, TX
Evelyn H. Biery
Fulbright & Jaworski L.L.P. - Houston, TX
Deborah B. Langehennig
Chapter 13 Trustee - Austin, TX
Deborah D. Williamson
Cox Smith Matthews, Inc - San Antonio, TX
10:15 am
Break
10:30 am
A Primer on Risk Management Tools and Techniques: Forwards, Futures, Options, Swaps, and CLOs .50 hr
This session provides a brief overview of risk management tools and techniques used by non-financial and financial firms. The goal is to familiarize attorneys with the characteristics of these instruments and how they are used. The role and magnitude of such instruments in financial transactions will be further discussed in the panel that follows.
Robert Parrino
The University of Texas at Austin - Austin, TX
11:00 am
The Changing Landscape of Debt Deals 1.00 hr
A multi-perspective look at the ever changing players, structure, terms and primary and secondary markets involved in debt financings.
Moderator: Kenneth A. Rogers
Haynes and Boone, LLP - Dallas, TX
John B. Griggs
Laminar Direct Capital, A member of the D. E. Shaw group - Houston, TX
Andrew C. Karp
Banc of America Securities - Charlotte, NC
Robert Parrino
The University of Texas at Austin - Austin, TX
THURSDAY
AFTERNOON Presiding Officer(s)
Russell L. Munsch,
Munsch Hardt Kopf & Harr, P.C. -
Austin, TX
12:00 pm
Repurchase Agreements and Other Issues in Subprime Lender Cases .58 hr
Recognizing the recent explosion of subprime mortgage lending company bankruptcies, this panel will explore the protections provided by the Bankruptcy Code to repurchase loan agreements, the traditional financing vehicle used in the subprime mortgage industry. Tracing the history of the repurchase loan agreement, including the additional protections that were provided to such agreements by the most recent amendments to the Bankruptcy Code, the panel will explain why subprime lending company bankruptcies are somewhat unique and examine whether the issues that arise in the cases are likely to be seen in the future, both in and out of the subprime arena.
Mark Collins
Richards, Layton & Finger, P.A. - Wilmington, DE
Douglas E. Deutsch
Chadbourne & Parke LLP - New York, NY
12:35 pm
Lunch on your Own
1:45 pm
Owning Up: Mortgage Claims in Bankruptcy .50 hr including .25 hr ethics
The bankruptcy system has a few systematic safeguards to ensure that creditors satisfy their duty to be accurate and complete in their representations to bankruptcy courts, trustees, and debtors. New data from the National Mortgage Study reveal widespread problems with the reliability of mortgagee's proofs of claims.
Katherine Porter
University of Iowa College of Law - Iowa City, IA
2:15 pm
LLCs and Partnerships in Bankruptcy .50 hr
Nontraditional entities like limited liability companies present unique challenges when they turn up in bankruptcy cases — both as debtors themselves, and as assets held by a debtor/manager. Come hear how some of these challenges have been addressed, and how some of them haven't.
Michael P. Cooley
Gardere Wynne Sewell LLP - Dallas, TX
2:45 pm
Malpractice Issues in Bankruptcy Cases; Bankruptcy Issues in Malpractice Cases .50 hr
The intersection of Legal Malpractice Law and Bankruptcy Law requires shipping outside the ordinary lanes of legal traffic.
Moderator: J. Michael Sutherland
Carrington Coleman Sloman & Blumenthal L - Dallas, TX
Charles Herring, Jr.
Herring & Irwin, L.L.P. - Austin, TX
Panelist: Luke Madole
Carrington Coleman Sloman & Blumenthal L - Dallas, TX
3:15 pm
Break
CONSUMER TRACK-PRESIDING OFFICER: HON. JOHN C. AKARD, LUBBOCK, TX
3:30 pm
Representing Creditors Post BAPCPA – Tricks, Treats and Traps .50 hr
With all that “reform” who needs lawyers? An update highlighting cost-effective creditor representation two years after BAPCPA.
Roger S. Cox
Underwood Law Firm - Amarillo, TX
4:00 pm
The Well Prepared Debtor .50 hr
A discussion of recent cases involving sanctions and certain provisions of BAPCPA that have affected responsibilities and compensation of attorneys in consumer cases.
William E. Heitkamp
Chapter 13 Trustee - Houston, TX
4:30 pm
In Praise of Insiders: The Fortunes of the Debtor's Family Members and Close Friends in Bankruptcy Cases .67 hr
Insiders are demonized in the Bankruptcy Code and case law when they have participated in pre-bankruptcy transfers, which have diminished the estate. Often, however, the debtor's family members, close friends, and business associates have been his biggest financial backers, and they stand to be the creditors who will be the worst affected by a bankruptcy. There are some ways in which the impact of the bankruptcy can be lessened for those insiders.
E. P. Bud Kirk
Attorney at Law - El Paso, TX
5:10 pm
Section 522(o): What the Debtor Did 10 Years Ago Matters (They Just Thought They Got Away with It). .33 hr
The old homestead may not be worth what she used to be. If the debtor intends to defraud, he better wash his hands.
R. Byrn (Byrnie) Bass, Jr.
Attorney at Law - Lubbock, TX
BUSINESS TRACK-PRESIDING OFFICER: RUSSELL L. MUNSCH, DALLAS, TX
3:30 pm
Inter-Class Give-Ups, Settlements, and Absolute Priority .50 hr
This session will examine the phenomenon of inter-class give-ups, known as “gifting” in the context of non-plan settlements.
Christopher W. Frost
University of Kentucky College of Law - Lexington, KY
4:00 pm
DIP Lenders’ Terms and Intercreditor Agreements .50 hr
An overview of recent developments and insights into the ongoing tensions among and between debtors, their lenders, and other creditors.
John N. Schwartz
Fulbright & Jaworski - Dallas, TX
Berry D. Spears
Fulbright & Jaworski - Austin, TX
Dianne Wooley
JPMorgan Chase Bank, N.A. - Dallas, TX
4:30 pm
Shifting Sands: Ethical Issues for Bankruptcy Professionals in the Days of Claims Trading and Freewheeling Lateral Movement of Lawyers .50 hr ethics
This session addresses attorney movement and claims trading; how it can impact estate professions if a client acquires a claim in the case and the continuing obligation to disclose. This session also covers structures developed to insulate, how they are developed and what they look like.
John E. Mitchell
Vinson & Elkins, LLP - Dallas, TX
Eric B. Terry
Haynes and Boone, LLP - San Antonio, TX
5:00 pm
The Search for Deep Pockets, Expanding the Pie, and (In)equitable Defenses .50 hr
The perennial efforts to expand the pool of assets available to creditors and to shift the claims made against that pool provide fertile ground for new theories and the novel use of old ones. This session deals with some of the current trends in this area, including the uncertain fate of deepening insolvency as a distinct cause of action, the growing use of derivative or secondary tort theories to cast a wider net for parties who may be liable, the viability of the in pari delicto defense, and the increasing employment of recharacterization as an alternative to equitable subordination as a tool for eliminating claims against the estate.
Phillip C. Appenzeller, Jr.
Munsch, Hardt ,Kopf & Harr P C - Dallas, TX
David B. Young
McGinnis, Lochridge & Kilgore, L.L.P. - Austin, TX
5:30 pm
Adjourn to Reception
FRIDAY
MORNING Presiding Officer(s)
Deborah D. Williamson,
Cox Smith Matthews, Inc -
San Antonio, TX
8:00 am
Conference Opens
Includes continental breakfast.
8:40 am
Top 10 Things That Have NOT Happened After BAPCPA .50 hr
What do “Y2K,” Bird Flu, Chicken Little, and BAPCPA have in common? Exploring some of the most frequently made predictions regarding BAPCPA’s negative impact on future bankruptcy cases that have NOT come to pass—and WHY?
Hon. Stacey G. C. Jernigan
U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
9:10 am
Bankruptcy, M&A and Corporate Governance: The Interplay of State and Federal Civil and Criminal Law 1.00 hr
Moderator: Harry A. Perrin
Vinson & Elkins - Houston, TX
Martin J. Bienenstock
Weil, Gotshal & Manges, L.L.P. - New York, NY
Bruce W. Collins
Carrington Coleman Sloman & Blumenthal L - Dallas, TX
10:10 am
Break
10:25 am
Emerging Duties to Disclose: Ad Hoc Committees and Rule 2019 .75 hr including .50 hr ethics
Panel discussion on recent case law under Bankruptcy Rule 2019 and what it means for bondholders, groups of creditors, and lawyers that represent more than one creditor in a case.
Moderator: Henry J. Kaim
King and Spalding LLP - Houston, TX
Kurt A. Mayr
Bracewell & Giuliani LLP - Hartford, CT
Jeffrey Sabin
Schulte Roth & Zabel LLP - New York, NY
George H. Tarpley
Cox Smith Matthews Incorporated - Dallas, TX
11:10 am
Is Competition for Big Cases Corrupting the Bankruptcy Courts? An Update .75 hr
Based on current data and the latest studies, the author of Courting Failure presents a statistical view of forum shopping, court competition, and their effects on the bankruptcy system. Shopping patterns to and from Texas will be featured.
Lynn M. LoPucki
UCLA School of Law - Los Angeles, CA
11:55 am
The Last Bankrupt Hanged: The Dangers of Bankruptcy in 18th Century England .33 hr
In 1761, John Perrott was hanged for the crime of fraudulent bankruptcy. His bankruptcy was infamous, with huge sums unaccounted for and whiffs of illicit sex. The extensive accounts of the case enable us to investigate the inner workings of an 18th-century bankruptcy and to uncover the ambivalences inherent in the system.
Emily Kadens
The University of Texas School of Law - Austin, TX
Legislative Update .50 hr
What’s new on bankruptcy and credit policy inside the beltway.
Samuel J. Gerdano
American Bankruptcy Institute - Alexandria, VA
1:15 pm
Current Issues in Oil and Gas Related Bankruptcy Cases .50 hr
Strategies for debtors, creditors, and interest owners.
Michael A. McConnell
Kelly Hart & Hallman, LLP - Fort Worth, TX
1:45 pm
Environmental Claims in Bankruptcy: Reconciling the Conflict .75 hr
Discussion of environmental claims in bankruptcy from the perspective of experienced debtor counsel and the National Environmental Bankruptcy Coordinator for the Department of Justice, highlighting the conflicts between environmental laws and bankruptcy laws, the types and priorities of environmental claims that arise in bankruptcy cases, and the treatment and dischargeability of environmental claims in bankruptcy, including the police/regulatory exception to the automatic stay and use of custodial environmental trusts.
Moderator: H. Christopher Mott
Gordon & Mott P.C. - El Paso, TX
Tony M. Davis
Baker & Botts - Houston, TX
Alan S. Tenenbaum
U.S. Department of Justice, Environmental Enforcement Section - Washington, DC
2:30 pm
Chapter 11 For Individuals: Bankruptcies for the Rich and Famous? .50 hr
This session will cover both common and atypical issues faced by creditors, debtors and their lawyers in individual Chapter 11 cases. Emphasis will be on plan confirmation hurdles, such as the absolute priority rule, tax issues and the odd assortment of issues that arise in this sometimes glamorous and sometimes dangerous area.
Gray Byron Jolink
- Austin, TX
Kell C. Mercer
Brown McCarroll, L.L.P. - Austin, TX
3:00 pm
Judges Panel 1.00 hr including .25 hr ethics
Moderator: Hon. Leif M. Clark
U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Hon. Craig A. Gargotta
U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Hon. Barbara J. Houser
U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Hon. Robert L. Jones
U.S. District Court, Northern District of Texas - Lubbock, TX
Hon. Frank R. Monroe
U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Hon. Brenda T. Rhoades
U.S. Bankruptcy Court,Eastern District of Texas - Plano, TX
Hon. Jeff Bohm
US Bankruptcy Court, Southern District of Texas - Houston, TX
Texas MCLE: Course #900030691 13.25 hrs, includes 2.50 hrs ethics
Credit is submitted to the State Bar of Texas within seven business days following the conference. To claim immediate credit, self-report via the SBOT web site at http://www.texasbarcle.com/CLE/home.asp
Legal Specialization: Bankruptcy
Other Jurisdictions: LA, NM, OK, NV, etc.
Many jurisdictions accept courses offered by the University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your state bar association. A Certificate of Completion, and related course reporting documentation for MCLE credit will be available at the conference.
Atlas & Hall's attorneys handle litigation and business transactions in the Rio Grande Valley and in other parts of Texas. The firm represents individuals, estates, trusts, large and small corporations, newspapers and governmental entities, counties and school districts. http://atlashall.com/
Baker Botts is an international law firm recognized for their creative approach to the legal and business issues facing their clients. Since 1840, Baker Botts has been highly regarded for integrity, work ethic, the quality of their legal advice, and their people. www.bakerbotts.com
Bracewell & Giuliani LLP is a prominent international law firm with more than 400 lawyers. They serve clients concentrated in the energy and financial services sectors worldwide. www.bracewellgiuliani.com
Carrington, Coleman, Sloman & Blumenthal, L.L.P.'s business litigation practice group encompasses the full spectrum of banking and commercial finance, bankruptcy and debtor-creditor issues, and corporate governance and compliance. They represent a diverse range of large national and international companies, as well as numerous local or regional companies and individuals. www.ccsb.com
Chiron Financial Advisors, L.L.C. has expertise in providing a variety of financial services to a wide range of industries such as distribution, midstream energy and power, engineering, construction and environmental services, exploration and production of natural resources, energy services, healthcare, manufacturing, real estate, retail, technology and food services. www.chironadvisorsllc.com
Cox Smith Matthews Incorporated is the leading San Antonio commercial law firm with expertise ranging from sophisticated corporate transactions to complex litigation to personal estate planning. Cox & Smith Incorporated and the San Antonio lawyers of Matthews and Branscomb combined in 2004 to create the largest and most established law firm in South Texas. www.coxsmith.com
Fulbright & Jaworski, a full-service international law firm, serves the needs of businesses, governments, non-profit organizations and individual clients around the world. Fulbright is one of the largest law firms in the United States with nearly 1,000 attorneys and more than 50 integrated practice areas. www.fulbright.com
For more than three decades, Greenberg Traurig has delivered practical, business-focused solutions for clients, from emerging companies to Fortune 500 corporations. Their international network of offices provides a multi-disciplinary team with the strategic business, legal, and political experience required to solve the increasingly complex needs of regional, national, and global companies. www.gtlaw.com
Haynes and Boone has grown from a handful of lawyers in 1970 to more than 450 lawyers today, across more than 35 practice areas, and ten offices. The firm now reigns as a national leader in the use of technology to deliver legal services. www.haynesboone.com
King & Spalding has provided the highest quality legal services to its clients for over a century. Since its establishment in 1885, the firm has had a tradition of attracting and developing many of this country's finest lawyers. King & Spalding LLP currently represents more than 250 public companies, including over half of the Fortune 100 companies. www.kslaw.com
Melville Capital is a Life Settlement Broker focusing exclusively on monetizing Life Insurance policies in situations where the policy has become unwanted or unneeded. They serve as a representative of the insured in negotiating and accepting bids from competing institutional investors. www.melvillecapital.com
The law firm of Rochelle, Hutcheson & McCullough, L.L.P. primarily focuses its practice on matters involving corporate bankruptcy, assistance and counsel to financially distressed business entities, commercial reorganization, and creditor rights. The firm typically is retained by debtors-in-possession and other interested parties in the various commercial transactions involving bankruptcy estates. www.rhmlawyers.com
Thompson & Knight opened its Houston office in 1978 and has since grown to more than 100 lawyers. In Houston, their traditional focus on litigation remains strong. Clients benefit from their strength in oil, gas, and energy; corporate and securities; finance; real estate and banking; bankruptcy; tax; and labor and employment. www.tklaw.com
Vinson & Elkins L.L.P. (or V&E) is an international law firm based in Houston. The firm is known for its energy industry expertise. However, in recent years, it has also been recognized as a leader in public finance, infrastructure development, international transactions, media law, mergers and acquisitions, private equity, class action defense, regulatory matters, professional liability, intellectual property, and complex commercial litigation. www.vinson-elkins.com
Weil, Gotshal & Manges LLP is one of the world's largest and most highly regarded law firms, headquartered in New York City. The firm is structured along three primary departments: corporate, litigation/regulatory, and business finance & restructuring. Weil Gotshal is particularly well known for its bankruptcy, antitrust, private equity, and intellectual property practices. www.weil.com