ABI - Bankruptcy Battleground West Conference

In its 17th year, the ABI's Bankruptcy Battleground West continues the tradition of bringing seasoned insolvency professionals together to discuss and debate the leading legal issues. This year's program, "Singing in the Rain: Preparing For the Bankruptcy Floodgates To Open," highlights emerging legal issues involving real estate, asset sales, and claim preservation accented with a courtroom-style debate along with a glimpse of what our futures may hold. This is one bankruptcy program you will not want to miss!

8:00-9:00 a.m.

Breakfast and Registration 

The Advisory Board welcomes you to a complimentary Continental Breakfast 

9:00-9:15 a.m.

Welcome by Conference Leadership

9:15-10:30 a.m.

House of the Rising Sun: Emerging Real Estate Legal Issues 

There are many a homes across this nation
They call them toxic waste
They been the ruin of many a rich men
And me, I wish, I was one 

Lehman, Bear, Merrill, Fannie, Freddie and the Feds did the packaging
And Moody, S&P and Fitch did the rating
They all were gamblers, lord
All across the nation

Now the only thing a gambler needs
Is a new gig to start again
TARP is a fix'in them gamblers, lord
This time, I will be one

Michael H. Goldstein (Moderator)

Greenberg Traurig, LLP; Santa Monica , Calif.

Mark Shinderman 

Munger, Tolles & Olsen LLP; Los Angeles

David P. Stapleton 

HomeFed Corporation; San Diego

Larry E. Young 

AlixPartners LLC; Dallas

David R. Zaro

Allen Matkins Leck Gamble & Mallory LLP; Los Angeles

10:30-10:45 a.m.

Coffee Break

Sponsored by Klee, Tuchin, Bogdanoff & Stern LLP

10:45 a.m.-12:00 p.m.

Can't Buy Me Love, But How About a Company?

The panelists will discuss the future of 363 sales in light of the 9th Circuit Bankruptcy Appellate Panel Clear Channel decision and other recent cases and strategies for consummating 363 sales in what appears to be a "pro confirmation plan" climate. 

Robbin L. Itkin (Moderator)

Steptoe & Johnson LLP; Los Angeles 

Brian J. Cullen 

Chanin Capital Partners, a Duff & Phelps Company; Los Angeles 

Howard J. Weg 

Peitzman, Weg & Kempinsky LLP; Los Angeles 

Marc J. Winthrop

Winthrop Couchot Professional Corporation; Newport Beach, Calif.

12:00-1:15p.m.

Luncheon with Keynote Speaker Jerry Nickelsburg, Economist at UCLA Anderson Forecast. Speaker Sponsored by Allen Matkins Leck Gamble Mallory & Natsis LLP

With the state of our economy at the forefront of public attention – and of particular interest to insolvency professionals – Mr. Nickelsburg will provide his insights regarding the past, present and future of the economy in California and the United States

Luncheon Sponsored by AlixPartners LLC and GlassRatner Advisory & Capital Group LLC

1:30-2:45 p.m.

Bolt the Door Before You Lose Your Rights 

The panelists will discuss (i) recent decisions on the importance of careful drafting to ensure preservation of estate claims post-petition in light of In re United Operating LLC, (ii) the drafting and use of liquidating trusts post-confirmation including certain tax implications, (iii) post-petition liabilities of estate professionals and the effect of plan releases and exculpatory provisions, and (iv) the use of contingent fee lawyers post-confirmation and the risk of the employment terms being found to be "improvident."

Victor A. Vilaplana (Moderator)

Foley & Lardner LLP; San Diego

David Agler

Crowe Horwath LLP; Sherman Oaks, Calif.

Jeffrey M. Reisner

Irell & Manella LLP; Newport Beach, Calif.

Victor A. Sahn

SulmeyerKupetz APC; Los Angeles

2:45-3:00 p.m.

Coffee Break

Sponsored by Chanin Capital Partners, a Duff & Phelps company

3:00-4:15 p.m.

Escape from Bankruptcy's Hotel California - Trying to Sell Trapped Assets Before They Die 

A moot court presentation will illustrate the dilemmas confronting debtors and creditors who will have to deal with declining asset values that threaten to undermine sale prospects. The mock hearings will explore the issues surrounding the proposed sale of a chain of franchised hotels. Beginning with a motion seeking approval for a Section 363 sale, the demonstration will conclude with an expedited confirmation hearing. A panel of three bankruptcy judges from the Central District of California will preside over and discuss the advocates' arguments.

Lisa Hill Fenning (Moderator)

Dewey & LeBoeuf LLP; Los Angeles

Advocates:

Peter J. Gurfein, Debtor's Counsel

Akin Gump Strauss Hauer & Feld LLP; Los Angeles

Richard W. Brunette, Franchisor's Counsel

Sheppard Mullin Richter & Hampton LLP; Los Angeles

Richard L. Wynne, Committee's Counsel

Kirkland & Ellis, LLP; Los Angeles

Thomas E. Patterson, Bank's Counsel

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

Judicial Panel:

Hon. Victoria S. Kaufman

U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

Hon. Robert N. Kwan

U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

Hon. Barry Russell

U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

4:15-6:30 p.m.

Reception

Sponsored by Landau & Berger LLP, Chanin Capital Partners, a Duff and Phelps Company and Crowe Horwath LLP