Friday, October 21
10:30 AM – 11:30 AM
Crystal Ballroom ABCD

Understanding the Ins and Outs of Rule 3002.1.
Rule 3002.1 requires creditors with claims secured by the debtor’s principal residence to provide notice of payment changes, disclosure of post-petition mortgage default at the end of a case, and an itemization of post-petition fees, expenses, or charges. The rule also allows debtors and trustees to challenge charges accrued prior to discharge and permits sanctions for non-compliance. This panel will explore the limits of this powerful rule from both the debtors’ and the creditors’ perspective, analyzing the key opinions shaping the interpretation of the rule. The panel will also review how different jurisdictions are handling the notices of post-petition fees and/or default, including whether the debtor or Trustee is providing for payment of such fees and what rights a creditor has of collection of the same.

Upon completion of this program, Attendees should be able to:

• Identify types of fees, expenses and charges itemization is required under Rule 3002.1
• Explain the differences in jurisdictions related to the handling of notices of post-petition fees and/or default under Rule 3002.1
• Define the limits of Rule 3002.1 as it relates to notice that creditors with claims secured by the debtor's principal residence need to provide for payment changes, default and fees, expenses or charges

Speakers:

Friday, October 21
10:30 AM – 11:30 AM
Grand Ballroom 7 A

Disruptions in the Marketplace Will Steer the Next Bankruptcy Wave.
Domestic and global disruptions due to Covid, inflation and related monetary policies, breakdowns in supply chains, and wars and political conflicts have led to unprecedented marketplace disruptions. This panel will consider how tariffs, boycotts, sanctions, social conscience, and inflationary policies will steer future trends in business reorganizations and how restructuring professionals can be prepared for this next wave.

Upon completion of this program, Attendees should be able to:

• Identify the factors that have led to disruptions in the marketplace to date
• Identify and explain the factors that could potentially affect future trends in business reorganizations
• Develop a plan to assist clients to prepare for these future business reorganizations

Friday, October 21
11:45 AM – 12:45 PM
Grand Ballroom 7 A

Public Discourse in the Bankruptcy Code.
Significant media and political attention is shining a spotlight on hotly contested and arguably confrontational developments in bankruptcy law, including debt limits for Sub V debtors, third party releases, Texas Two-Step, and venue reform. This panel will consider the swing of the pendulum and the current discourse that may be shaping future changes to the Bankruptcy Code, either by Congress or the appellate courts.

Upon completion of this program, Attendees should be able to:

• Explain and define several hot topic issues in restructuring: the Texas Two Step, third party release and venue reform
• Identify public policy issues related to such hot topic issues
• Identify possible changes to the U.S. Bankruptcy Code to address concerns with these hot topic issues

Friday, October 21
11:45 AM – 12:45 PM
Crystal Ballroom ABCD

Maximizing Value of Liquidating Trust and Creditor Recoveries.
The use of liquidating trusts and litigation trusts are often convenient and efficient methods of exiting a chapter 11 and transferring to the ultimate stakeholders the rights and duties to maximize value and pursue claims. However, the parties most often establishing the trust agreements as part of the chapter 11 plan process are not necessarily the same parties as will be operating under the trust. This panel will consider risks to avoid and opportunities to maximize value in establishing the trust documents, including discussion of insurance issues and the types of trusts that can be used.

Upon completion of this program, Attendees should be able to:

• Identify the benefits of using a liquidating trust in a bankruptcy case
• Identify the critical elements of a liquidating trust agreement, which must be included to maximize value
• Identify insurance issues related to the use of liquidating trusts in bankrutpcy cases

Donald J. Detweiler
Womble Bond Dickinson LLP
Wilmington, DE

Michelle Dreyer
CSC Global Financial Markets
Delaware Trust
Wilmington, DE

Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones
Los Angeles, CA

Stephanie Wickouski
Locke Lord
New York, NY