The Jay L. Westbrook Bankruptcy Conference is the leading bankruptcy program in the Southwest and one of the premier programs in the nation. The conference attracts a stellar national faculty of academics, judges and practitioners, and addresses a mix of business and consumer bankruptcy topics at an advanced level.
This year's program opens with the ever-popular Jay Westbrook and colleagues on "Recent Developments" and includes special coverage of real estate, oil and gas, Chapter 13, small business, credit bidding and 363 sales.
The following judges are part of the 2009 conference:
Hon. Eugene R. Wedoff, Chicago, IL Hon. Leif M. Clark, San Antonio, TX Hon. Stacey G. C. Jernigan, Dallas, TX Hon. Keith Lundin, Nashville, TN Hon. D. Michael Lynn, Fort Worth, TX Hon. William M. Schultz, Houston, TX Hon. Alan S. Trust, Central Islip, NY
THURSDAY
MORNING Presiding Officer(s)
Berry D. Spears -
Austin, TX
8:00 am
Registration Opens
Includes continental breakfast.
8:50 am
Welcoming Remarks
9:00 am
Recent Developments 1.25 hr including .25 hr ethics A survey of case law developments from around the nation, delivered by some of the country's leading authorities on bankruptcy, with commentary by Jay L. Westbrook.
Moderator: Jay L. Westbrook
The University of Texas School of Law - Austin, TX
Panelist: R. Byrn (Byrnie) Bass, Jr.
Attorney at Law - Lubbock, TX
Panelist: Deborah B. Langehennig
Chapter 13 Trustee - Austin, TX
Panelist: Deborah D. Williamson
Cox Smith Matthews, Inc. - San Antonio, TX
10:15 am
Discharge and Dischargeability Update: Manville, Espinosa and Beyond .50 hr
A dash through recent developments in discharge and dischargeability litigation including the important appellate decisions of the last year addressing Sections 523 and 727. The impact of Johns Manville and the anticipated decision in Espinosa weaves through this discussion.
Hon. Keith Lundin
U.S. Bankruptcy Court, Middle District of Tennessee - Nashville, TN
10:45 am
Break
11:00 am
The Coming Wave of Real Estate Bankruptcies and What You Need to Know about Them (but Either Are Too Young to Know . . . or Too Old to Remember) 1.00 hr
Key issues in real estate bankruptcies.
Moderator: Joseph J. Wielebinski, Jr.
Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
Panelist: Mark E. Andrews
Cox Smith Matthews, Inc. - Dallas, TX
Panelist: Hon. Stacey G.C. Jernigan
U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Panelist: Clifton R. Jessup, Jr.
Greenberg Traurig LLP - Dallas, TX
Panelist: Michael A. McConnell
Kelly Hart & Hallman, LLP - Fort Worth, TX
THURSDAY
AFTERNOON
12:00 pm
Pick up Box Lunch
Included in conference registration fee.
LUNCHEON PRESENTATION
12:15 pm
Geopolitics, Technology, and Prospects for the U.S. Oil and Gas Industries .75 hr
A.F. Alhajji
NGP Energy Capital Management, LLC - Irving, TX
1:00 pm
Break
1:15 pm
A Practical Guide to Restructuring and Bankruptcy Issues in the Energy Sector: What's Old Is New 1.00 hr
Two ole' boys talking about what they got away with in the 80's and why they might or might not be able to do it again today ... and maybe even some new ideas.
Charles A. Beckham, Jr.
Haynes and Boone, LLP - Houston, TX
Harry A. Perrin
Vinson & Elkins LLP - Houston, TX
2:15 pm
Federal Rules Update: Highlights for Bankruptcy Practitioners .50 hr including .25 hr ethics
An overview of time computation rules and Bankruptcy Code time periods changing in December 2009.
Leslie R. Masterson
U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
2:45 pm
New 502, Evidence and e-Discovery .50 hr ethics
A discussion of the addition of Rule 502 to the Federal Rules of Evidence, including remedies and reasonable steps for an attorney that inadvertently discloses a privileged document and how to prevent an opponent from using it.
Demetra L. Liggins
Thompson & Knight LLP - Houston, TX
3:15 pm
Break
BUSINESS TRACK: THE NEW WORLD OF REORGANIZATIONS Presiding Officer:
Hon. Leif M. Clark - San Antonio, TX
3:25 pm
BUSINESS TRACK: The New World of Reorganizations
The events of the last few years—especially this last year—have taught us all that this is no longer the Chapter 11 that Congress enacted in 1978. These breakout sessions explore some of the big changes that are taking place, and also revisit the way reorganizations were once done. The sessions are interactive, with Judge Leif Clark as moderator soliciting input and participation from the audience 10 minutes before the conclusion of each presentation.
Moderator: Hon. Leif M. Clark San Antonio, TX
3:30 pm
Who's Really in Charge Here? Reorganizations in the Shadow of Chrysler and GM .83 hr
Chapter 11 used to be all about the Debtor in Possession. After 20 years or so, it was also about the Secured Creditor in Possession. With the GM and Chrysler bankruptcies, do we now also have the Buyer in Possession? Is this the shape of reorganization to come? What are the strategic implications for practitioners?
Bruce Grohsgal
Pachulski Stang Ziehl & Jones LLP - Wilmington, DE
Hugh M. Ray, Jr.
McKool Smith, PC - Houston, TX
4:20 pm
Who's Really in Charge Here? The CRO Unhinged .50 hr including .25 hr ethics
The Chief Restructuring Officer has increasingly become the easy replacement for existing management. But to whom does this new creature of the law answer when the board is inactive, moribund, or nonexistent? And who is the company really hiring when it hires a CRO—a person or an entire firm? Is a CRO an adequate substitute for an examiner or trustee?
A. Mechele Dickerson
The University of Texas School of Law - Austin, TX
4:50 pm
Who's Really in Charge Here? Putting the Judge Back in Charge .67 hr including .25 hr ethics
Decades ago, it was not uncommon for a bankruptcy judge to be heavily involved in shaping the reorganization process, sometimes formally but often informally. The Code seemed to move the practice away from that model, but did we lose something valuable in the process? Should judges play a more active role in managing a Chapter 11? How can that be accomplished in a way that satisfies ethical concerns and due process issues? Our presenters reach back into practice from the past to explore ways the practice of the future might benefit.
Michael R. Rochelle
Rochelle McCullough, LLP - Dallas, TX
Hon. William M. Schultz
U.S. Bankruptcy Judge, Retired - Houston, TX
A Consumer Bankruptcy Attorney's Guide to Assisting Small Businesses in Trouble .50 hr
Is there any relief for the small business owner? Are there any options when a small business Chapter 11 is too expensive? Discussion includes an overview of some possible approaches to assisting a small business owner in distress.
John Akard, Jr.
John Akard Jr., P.C. - Houston, TX
4:00 pm
Post-Confirmation Modification of Chapter 13 and Individual Chapter 11 Plans .50 hr
A discussion of issues regarding whether and when a confirmed Chapter 13 plan and/or an individual Chapter 11 plan can or should be modified after confirmation has been obtained, including how modifications may be affected by changes in disposable income.
Hon. Alan S. Trust
U.S. Bankruptcy Court, Eastern District of New York - Central Islip, NY
4:30 pm
Loss Mitigation in Bankruptcy .50 hr
This session covers loan modifications and the various programs and options available to debtors.
James E. Bailey, III
Jeff Davis Law Firm - San Antonio, TX
Steve P. Turner
Barrett Daffin Frappier Turner & Engel, LLP - Austin, TX
5:00 pm
Ad Valorem Tax Problems in Consumer and Small Business Bankruptcy Cases .50 hr
Hate property tax claims? This will be a practical summary of property tax issues in bankruptcy and how best to address them. You may still hate them, but at least you will understand them better.
Laura J. Monroe
Perdue, Brandon, Fielder, Collins & Mott, L.L.P. - Lubbock, TX
5:30 pm
Adjourn to Reception
FRIDAY
MORNING Presiding Officer(s)
Vicki M. Skaggs -
McAllen, TX
8:00 am
Conference Room Opens
8:30 am
What a Chapter 13 Lawyer Can Teach a Chapter 11 Practitioner .50 hr
An exploration of ways in which Chapter 13 and Chapter 11 interact.
Hon. Eugene R. Wedoff
U.S. Bankruptcy Court, Northern District of Illinois - Chicago, IL
9:00 am
An Unhappy Union? The Impact of Employment Issues on Chapter 11 Cases .50 hr
Bankruptcy implicates many employment-related issues that impact both the debtor and its employees, including COBRA rights, severances, continued employment of key employees, the WARN Act, and Payday Act issues, among others. This presentation addresses a variety of employment issues and concerns that result from a bankruptcy filing.
G. James Landon
Streusand & Landon, LLP - Austin, TX
9:30 am
Estate and Derivative Litigation: Gold Mine or Shaft? .75 hr including .25 hr ethics
Searching for precious ores above and below the surface in recent cases, including Highland Captl Mgmt v. Seven Seas Petro Inc., Wooley v. Faulkner,Torch Liquidating v. Stockstill, Dynasty Oil & Gas v. Citizen Bank (United Operating, LLC), the Supreme Court's Ashcroft v. Iqbal, and many others.
Panelist: Marty L. Brimmage, Jr.
Haynes and Boone, LLP - Dallas, TX
Panelist: Judith L. Weaver Ross
Baker Botts L.L.P. - Dallas, TX
Panelist: J. Michael Sutherland
Carrington Coleman Sloman & Blumenthal, L.L.P. - Dallas, TX
10:15 am
Break
10:30 am
363 Sales vs. Plans: What's Happening, What's Fair? .75 hr
A law professor and two well-known judges discuss whether the future of Chapter 11 will be in plans or in sales and which it should be, with an eye on the impact on that question of the GM and Chrysler cases.
Jay L. Westbrook
The University of Texas School of Law - Austin, TX
Commentator: Hon. D. Michael Lynn
U.S. Bankruptcy Court, Northern District of Texas - Fort Worth, TX
Commentator: Hon. Eugene R. Wedoff
U.S. Bankruptcy Court, Northern District of Illinois - Chicago, IL
11:15 am
Section 363(k) Credit Bidding Issues .75 hr including .25 hr ethics
The panel discusses issues involved in the use of a credit bid by secured creditors in a "363 sale" of assets. The focus includes practical case examples, recent case law, and discussion of complications such as syndicated loans, as well as the mechanics of credit bidding in the context of a syndicated loan facility.
Moderator: Mark W. Wege
King & Spalding LLP - Houston, TX
Panelist: Chris L. Dickerson
Skadden, Arps, Slate, Meagher & Flom LLP - Chicago, IL
Panelist: Abid Qureshi
Akin Gump Strauss Hauer & Feld LLP - New York, NY
Panelist: Edward L. Ripley
King & Spalding LLP - Houston, TX
12:00 pm
Ipso Facto Clauses – New and Improved? .75 hr
Or is the “improvement” the increased opportunity for litigation? How the newest trends in structured financial arrangements are unsettling what we all thought was the settled area of the effect of ipso facto clauses in bankruptcy.
Elizabeth M. Guffy
Elizabeth M. Guffy, Attorney at Law - Houston, TX
Thomas S. Henderson, III
Thomas S. Henderson, Attorney at Law - Houston, TX
12:45 pm
Update on the Economy and the Banks .50 hr
In this session, we examine the most important economic developments as well as the health of the banks.
Sanford J. Leeds, III
The University of Texas at Austin, McCombs School of Business - Austin, TX
Texas MCLE: Course #901183435 12.00 hrs, includes 2.00 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
California MCLE: Provider #1944 12.00 hrs, includes 0.00 hrs ethics
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.
For more than a century, Andrews Kurth has built its practice on the belief that "straight talk is good business.®" Real answers, clear vision and mutual respect define the firm's relationships with clients, colleagues, communities and employees. With 400 lawyers and offices in Austin, Beijing, Dallas, Houston, London, New York, The Woodlands and Washington, DC, Andrews Kurth represents a wide array of clients in multiple industries. For more information about Andrews Kurth, please visit www.andrewskurth.com.
Carrington Coleman represents a broad range of clients, from local companies and individuals to large national and international corporations. The Firm's core practice strengths focus on complex litigation, corporate insolvency and restructuring, officer & director litigation and investigations, sophisticated business and real estate transactional matters, malpractice defense, and employment law. Now led by partners Steve Goodwin and Mike Sutherland, the Corporate Restructuring and Bankruptcy Practice Group has focused on working with creditors and debtors in complex restructurings, liquidations, and out-of-court resolutions for almost four decades. www.ccsb.com
Cox Smith's Creditors' Rights, Corporate Restructuring and Bankruptcy attorneys advise and represent clients throughout the United States. Our practice encompasses all aspects of business bankruptcy, including representation of debtors, trustees, committees, acquirers, secured and unsecured creditors, lenders and other parties-in-interest.
Our attorneys give practical advice for the real world to clients in connection with restructuring; lending issues and maximizing recovery on extended credit; pre-bankruptcy strategic planning; issues involving preferences and fraudulent conveyances under both state and federal law; and a multiplicity of bankruptcy issues in real estate and other commercial transactions. www.coxsmith.com
Haynes and Boone, LLP has one of the largest bankruptcy and business restructuring practices in the United States, assisting debtors and creditors in all aspects of insolvency, both in and out of court. Our clients range from business entities and financial institutions to indenture trustees and investment banks. With 37 full-time business restructuring and bankruptcy lawyers, the firm's bankruptcy and business restructuring practice—ranked Band 4 in the nation and Band 1 in Texas by Chambers USA 2009—is fully equipped to handle the largest and most complex restructuring and Chapter 11 reorganization cases. www.haynesboone.com
Selman Munson is a law firm focused on representing small and mid-sized clients in the sale and purchase of businesses in the oilfield service, healthcare, technology, finance and manufacturing industries. The firm has attorneys that can advise clients on tax, securities, international transactions, employee benefits, employment, real estate and corporate finance matters. The firm typically helps clients in corporate reorganizations, strategic acquisitions, spin-offs of subsidiaries, bankruptcy court purchase transactions, public and private financings, leveraged buyouts and international subsidiary sales. The Business Restructuring and Bankruptcy Group has representing debtors, committee, creditors and trustees in complex restructuring cases throughout the country. www.selmanmunson.com
The worldwide Corporate Restructuring Group at Skadden, Arps, Slate, Meagher & Flom LLP and affiliates ("Skadden") works to provide innovative, practical legal solutions to clients involved in distressed company situations. Our goal is to give effective and expedient responses, which allow clients to minimize costs, enhance value and properly position themselves for the future. Skadden's experience across a variety of industries and with all types of restructurings, combined with our international reach, wide-ranging practice capabilities and dedication to client service, allows us to address clients' needs in any restructuring situation. www.skadden.com