Business Bankruptcy Committee Fall Meeting (in-person)
In Conjunction with the National Conference of Bankruptcy Judges

JW Marriott Indianapolis – Indianapolis, IN ♦ Wed. October 6– Fri. November    

Wednesday, October 6, 2021

3:00 PM – 4:30 PM
Location: Grand 7-10
CLE Program: Getting Young Lawyers Into Court

Program Description: Getting younger lawyers into court is part of a senior lawyer’s mentoring responsibility and builds appreciation for the legal practice, as well as mutual respect and loyalty. It is also important to the proper training of new lawyers and helps effectuate and promote diversity in legal practice. Pro bono matters often provide opportunities to get younger lawyers into court. In addition, the involvement of junior lawyers in pro bono matters reinforces the importance of pro bono representation for future generations of lawyers and allows junior and senior lawyers to satisfy their responsibility to provide pro bono services. This presentation will (i) identify opportunities for getting junior lawyers into court, (ii) describe the importance of providing opportunities for junior lawyers to present arguments in court, and (iii) suggest ways to facilitate and enhance junior lawyer participation in court hearings.

Program Moderator:
Honorable Elizabeth S. Stong; U.S. Bankruptcy Court, E.D.N.Y.; Brooklyn, NY

Program Speakers:
Megan M. Adeyemo; Partner, Gordon & Rees, Dallas, TX
Uchechi Egeonuigwe; Associate, Brown Rudnick, New York, NY
Christine Tobin-Presser; Partner, Bush Kornfeld, Seattle, WA

4:45 PM – 6:15 PM
Location: Grand 7-10
CLE Program: Channeling Injunctions in Mass Torts & Sex Abuse Cases

Program Description: While difficult to obtain outside the mass tort context, channeling injunction provisions in bankruptcy plans are familiar tools, yet ethics considerations seem to be secondary. This program will explore the ethical issues involved with properly crafting injunctions that limit the rights of tort claim victims, which can include individuals who do not yet know they were injured, e.g. asbestos cases. Our expert panel will explore and discuss the propriety of such injunctions, the ethical concerns under both bankruptcy and non-bankruptcy law, issues concerning conflicts of interest, options available if a channeling injunction is not feasible or appropriate, as well as concerns when representing differing constituencies.

Program Moderator:
Rob Charles; Lewis Roca, Partner, Tucson, AZ

Program Speakers:
Honorable Peggy L. Abelman (Retired); Wilmington, DE Honorable Judith K Fitzgerald (Retired); Pittsburgh, PA Nan R. Eitel; Associate General Counsel; Office of United States Trustee; Washington, DC

Thursday, October 7, 2021

1:15 PM – 3:15 PM
Location: White River A-E
CLE Program, Kathryn R. Heidt Award Presentation. & Luncheon: Valuations and Feasibility Issues for Secured Creditors

Ticketed Event, Tickets $90

Program Description: A commonly contested issue in Chapter 11 cases is valuation of the debtor’s company or its assets. The COVID-19 pandemic complicates valuations and financial projections for many debtors. In this program the panelists will explore how traditional valuation methods might be applied to meet today’s challenges in the case of a hypothetical retail debtor. Topics include valuing secured claims, stay relief motions, and plan confirmation.

Program Moderator:
Martha Reddy Lehman; SmithAmundsen, Partner, Indianapolis, IN

Program Speakers:
Honorable James M. Carr; U.S. Bankruptcy Court, Southern District of Indiana; Indianapolis, IN
Melissa Davis; KapilaMukamal, LLP, Partner, Fort Lauderdale, FL
Edward R. Morrison; Columbia Law School, Professor of Law, New York, NY

Friday, October 8, 2021

3:30 PM – 5:00 PM
Location: White River A-D
Substantive Topic: Gender in Judging Part III

Beginning in 2019, a study was undertaken on the influence of a judge’s gender on the processing and outcomes in student loan discharge cases. Building on the prior work, the group now focuses on the issue from a different perspective. Does the gender of the witness matter? After a refresher on the prior study, the group will discuss studies in non-bankruptcy cases on the credibility of women when testifying regarding medical or mental issues. A bankruptcy judge will discuss the interplay of mental and medical issues in student loan hardship cases. The panel will then lead a discussion on the issues to consider regarding the gender of the witness in the student loan hardship cases.

Speakers:
Deborah Goldfarb; Florida International University, Assistant Professor, Miami, FL
Honorable Kathy A. Surratt-States; U.S. Bankruptcy Court, Eastern District of Missouri; St. Louis, Missouri
Andrea Wolfs; Florida International University, Graduate Student, Miami, FL