Bankruptcy Conference

Patrick Kelley, Conference Chair

This bunch calls 'em like they see 'em. Some are good, some are bad. We mean the cases, not the presenters. The presenters, particularly Professor Westbrook, are always good!

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: William J. Rochelle, Bloomberg LP - New York, NY
Panelist: Deborah D. Williamson, Cox Smith Matthews Incorporated - San Antonio, TX

Professor Jay L. Westbrook introduces UT Law's National Championship Team of the 20th Annual Hon. Conrad B. Duberstein Bankruptcy Moot Court Competition

Team: Brian Cumings ('12) and Eric Werlinger ('12)

Coaches: Deborah B. Langehennig ('88), Chapter 13 Trustee, Austin, TX and Jay Ong, Munsch Hardt Kopf & Harr, Austin, TX, with support by UT Law Professor Jay Westbrook

More and more, financial players are acquiring senior secured debt and using pre-bankruptcy forbearance and restructuring to enhance their ability to convert that debt to ownership of the debtor's assets. A discussion of who is doing it, how and why, and what junior creditors can do about it including new—or not so new—leverage after 11th Circuit's TOUSA decision.

Leon V. Komkov, Longroad Asset Management, LLC - Austin, TX
Patricia Baron Tomasco, Jackson Walker L.L.P. - Austin, TX

Labeled as "coerced debt", a new type of debt is emerging from abusive relationships. Coerced debt occurs when the abuser in a violent relationship obtains credit in the victim's name via fraud or coercion. It ranges from secretly taking out credit cards in victims' names to coercing victims into signing loan documents, to tricking victims to relinquishing their rights to the family house.

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

This session tackles numerous issues including representing multiple debtors, representing a committee in a jointly-administered case and having your retainer paid by a non-debtor.

Kevin Michael Epstein, Office of U.S Trustee - San Antonio, TX
William A. (Trey) Wood III, Bracewell & Giuliani, LLP - Houston, TX

An overview of federal tax lien issues related to tax lien litigation.

David G. Adams, U.S. Department of Justice, Tax Division - Dallas, TX

A gamechanger or same old practice? Discussion and interpretative cases on the new Rules 3001 and 3002.1.

Robert B. Wilson, Chapter 13 Trustee - Lubbock, TX

Divorcing your business partners in bankruptcy comes with problems, rights and obligations.

Randall L. Rouse, Lynch, Chappell & Alsup, P.C. - Midland, TX

A primer on small Chapter 11 cases.

Eduardo V. Rodriguez, Malaise Law Firm - Brownsville, TX
Mark Curtis Taylor, Hohmann Taube & Summers - Austin, TX

Judge Isgur discusses whether a debtor or a trustee may force a secured creditor to accept less than the full amount of its claim if the value of the collateral is less than the amount of the claim. The session focuses on Sections 506, 1322 and 1325 of the Bankruptcy Code.

Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

John J. McKetta III, Graves Dougherty Hearon & Moody PC - Austin, TX

Despite their relative rarity, an involuntary Chapter 11 filing raises interesting strategic implications for both debtor and creditor, especially as concerns "bankruptcy remote" entities, timing, choice of venue and the use of cash.

Michael P. Cooley, Akin Gump Strauss Hauer & Feld LLP - Dallas, TX
Joachim H. (Jay) Ong, Munsch Hardt Kopf & Harr, PC - Austin, TX

The Supreme Court's opinion in RadLAX—the potential effects could go far beyond just credit bidding.

Hon. Leif M. Clark, San Antonio, TX
Demetra L. Liggins, Thompson & Knight LLP - Houston, TX

Case decisions and legislative changes to the Bankruptcy Code that have restricted options for debtors in Chapter 11.

Moderator: 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 R. (Buzz) Rochelle, Rochelle McCullough, L.L.P. - Dallas, TX

Two renowned bankruptcy judges go head-to-head in a debate about whether the Stern  decision has broad or narrow implications for bankruptcy courts. Is it the end of the world or much ado about nothing? A brief national overview of how courts are ruling on current hot-button Stern issues begins the debate.

Moderator: Omar Jesus Alaniz, Baker Botts L.L.P. - Dallas, TX
Panelist: Hon. Robert D. Drain, U.S. Bankruptcy Court, Southern District of New York - White Plains, NY
Panelist: Hon. Cecelia G. Morris, U.S. Bankruptcy Court, Southern District of New York - Poughkeepsie, NY

Moderator: Stephen M. Pezanosky, Haynes and Boone, LLP - Fort Worth, TX
Panelist: Albert S. Conly, FTI Consulting - Dallas, TX
Panelist: Andrew D. Weissman, Haynes and Boone, LLP - Washington, DC

Scenario A: Lawyer moves to new firm and takes clients and files. Old firm claims that lawyer owes them money. Scenario B: Law firm (large or small) breaks up. Departing lawyers take clients and files to their new firms. Dissolving firm makes claims for the "unfinished business," especially when receivership or bankruptcy come into play. A look at these issues and some root causes of law firm failure.

Bill Brandt, Development Specialists, Inc. - Chicago, IL
J. Michael Sutherland, Carrington, Coleman, Sloman & Blumenthal, L.L.P. - Dallas, TX

Vitro, a large Mexican glass maker with several subsidiaries filed a Concurso Mercantil for reorganization under Mexican law but did not file for its U.S. subsidiaries. The reorganization plan approved by the Mexican court, which invalidated guarantee obligations of the non-debtor subsidiaries was rejected by the U.S. Bankruptcy Court as manifestly contrary to U.S. public policy. The ruling is now on appeal to the 5th Circuit and involves some really exciting and fun issues.

Robin E. Phelan, Haynes and Boone, LLP - Dallas, TX

Included in conference registration

A nonpartisan look at the future of the U.S. economy including the issues of liquidity, monetary policy and the global financial crisis.

Michael W. Brandl, The Fisher College of Business, The Ohio State University - Columbus, OH

The tension between rising healthcare costs and the need to make quality healthcare available to all citizens drives our national debate. The enactment of PPACA raises a growing number of issues that impact bankruptcy practitioners in healthcare cases.

Maria E. Gonzalez Knavel, Foley & Lardner LLP - Milwaukee, WI
Bobby Guy, Frost Brown Todd - Nashville, TN

A step-by-step guide to a bankruptcy appeal in all of its facets.

Katie Drell Grissel, Vinson & Elkins LLP - Dallas, TX
Edward L. Ripley, King & Spalding LLP - Houston, TX

Moderator: Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Panelist: Hon. Stacey G. C. Jernigan, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Panelist: Hon. H. Christopher Mott, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelist: Hon. Bill G. Parker, U.S. Bankruptcy Court, Eastern District of Texas - Tyler, TX