Program Schedule


2022 SOUTHEASTERN BANKRUPTCY LAW INSTITUTE

MARCH 23 - 25, 2022

Materials can be downloaded individually by clicking each session title below*
*Password Protected – Case Sensitive

Click here to download ALL materials
(Note:  File may be too large to view in browser.
Click the above link, then download [down arrow down arrow] to view/print)

WEDNESDAY, MARCH 23, 2022 (Afternoon Sessions)

Eric Anderson, Presiding
12:00 - 1:10 Registration (continued through program)
1:10 - 1:15

Welcome by Eric Anderson

1:15 - 2:15

Economic Overview- The recovery after the COVID recession is unlike anything we have seen before. This program will cover economic impacts from fiscal and monetary policy, inflation prospects and labor market distortions, and what those factors will mean for consumers, businesses, and bankruptcy markets.

SPEAKER: Yelena Maleyev

2:15 - 3:15

Litigation Issues in Avoidance Actions- Avoidance actions are a bankruptcy litigator’s bread and butter. This panel will examine litigation issues in those all-important avoidance actions, including: pleading requirements and recent case law regarding the plausibility standard; evidentiary issues, including books and records and presumptions; international application of fraudulent transfer law and the safe harbor of 546(e). (Submitted for 1.0 hour of trial credit.)

SPEAKERS: Judge Edward Coleman III, Yann Geron & Curtis Miller

3:15 - 3:30

Refreshment Break

3:30 - 4:30

The Intersection of Cryptocurrency and Bankruptcy- This panel will dive into key issues that arise in crypto-related bankruptcy cases. Topics include claims reconciliation, litigation claims (including tracing issues), valuation disputes, and more. The panelists bring a unique perspective, as they have been addressing many of these issues in their roles as advisors to the Committee and Liquidation Trustees in the first major U.S. cryptocurrency chapter 11 case, Cred. Inc.

SPEAKERS: Darren Azman, Matt Dundon & Joe Evans

4:30 - 6:00

Cocktail Reception (Registrants and Spouses)
6:00 - 9:00

The Painted Pin Bowling Reception - Come test your skills with a few games of tenpin against other SBLI attendees. The winner will receive a $100 gift card and bragging rights for a year. Our defending champ is Judge Jeffery W. Cavender. Think you can take him this year? Included with conference registration but space is limited. Prior registration is required!

 

THURSDAY, MARCH 24, 2022 (Morning Sessions)

Jason Watson, Presiding
8:00 - 9:00

Continental Breakfast

9:00 - 10:00

Supreme Court and Appellate Court Roundup- Latest Developments in Bankruptcy Issues in the Supreme Court and Circuit Courts. Eric Brunstad will discuss recent Supreme Court opinions and pending Supreme Court cases addressing bankruptcy issues and how those cases will affect our practices. Eric will also explore splits among the Circuits on bankruptcy issues, the likelihood of resolution by the Supreme Court, and implications for consumer and business practitioners.

SPEAKER: Eric Brunstad
10:00 - 11:00

Implicit Bias: Ethical Implications and Professionalism
(click here for Part 2)
(click here for PPT)

We all like to think we are free of bias and that we don’t stereotype people, but science has shown we all have biases. They manifest very early in life and impact everything we do. Defending the equities of the judicial process and seeking equal justice for all requires us to examine and adjust for our implicit biases. The Honorable Bernice Donald is a national expert on this topic and she will help us address the ethical and professional implications of the biases we hold. (Submitted for 1.0 hour of ethics credit.)

SPEAKER: Judge Bernice B. Donald
11:00 - 11:15 Refreshment Break

BREAKOUT
SESSIONS

11:15 - 12:35

Chapter 11 Breakout Session
Henry Sewell, Presiding

Examining the Expanding Role of Independent Directors in Modern Chapter 11 Bankruptcies - In recent years, many distressed companies, especially those controlled by private-equity sponsors, have adopted the practice of appointing independent directors with expertise in restructuring to help guide them into and through the chapter 11 process. In addition to providing bankruptcy expertise, these independent directors are often tasked with investigating and analyzing significant prepetition transactions to determine the existence of potential affirmative claims arising from fraudulent transfers, breaches of fiduciary duty, and other claims against the sponsor and others. In some cases, creditors have disagreed with the conclusions or decision of the independent directors, which then led to hotly contested litigation. This panel, which brings the unique and varying perspectives of a debtor-focused practitioner, a committee-focused practitioner, and an independent director, will discuss, among other topics, how independent directors are commonly used in the chapter 11 process (including how they are selected), the benefits of those directors to the process, criticisms of the growing role of independent directors that have been lodged by creditors, academics, and legislators, and potential proposals (including recent legislative ones) to address such criticisms (and the pros and cons of same).

SPEAKERS: Jim Decker, Brad Sandler & Sunny Singh

BREAKOUT
SESSIONS

11:15 - 12:35

Consumer Litigation Breakout Session
Brandi L. Kirkland, Presiding

Confirmation Toolbox - Confirm Your Client’s Chapter 13 Case!
(click here for PPT)

You’ve got to get these chapter 13 cases confirmed – otherwise why bother? This panel will give you the tools you need to get cases over the finish line. Figure out how to deal with all those pesky trustee feasibility objections, secured claim issues, cram down issues, disposable income and means test issues, and all the other hurdles between your client and confirmation.

SPEAKERS: Sabrina McKinney, Debra Miller & Judge Lisa Ritchey Craig

12:35 - 1:40

Lunch

 

THURSDAY, MARCH 24, 2022 (Afternoon Sessions)

ELECTIVE PROGRAMS A AND B
Program A (Chapter 11 Workshop)
Jeff Ellman, Presiding
1:40 - 3:00

D&O Issues
(click here for PPT)

This important panel will discuss current issues in corporate governance, director liability and related matters: private equity governance, conflicts and protocols for dealing with multiple representations; limitations on governance and filing, the “golden share” and other limitations on governance; use of independent directors and/or special committees to deal with related party transactions (e.g., dividend recaps, etc.); disclaimer of duties including with respect to Delaware LLCs and Delaware Limited Partnerships, exculpation, the business judgment rule and related matters; trusts and other litigation vehicles and the impact on D&O insurance.

SPEAKERS: Julia Frost-Davies, Michael Klein & Tom Salerno

3:00 - 3:15

Refreshment Break

3:15 - 4:35

Cash Collateral and Adequate Protection Issues - The use of cash collateral is frequently a critical component to a chapter 11 debtor’s reorganization efforts. In turn, “adequate protection” for the use of cash collateral is of critical importance to secured creditors and other creditors in the case. This panel will discuss both concepts: what is and what isn’t “cash collateral”; what is and what isn’t “adequate protection”? Our experts will discuss how bankruptcy lawyers and Bankruptcy Courts work through these important issues, with an emphasis on the latest practice trends and court decisions.

SPEAKERS: Judge Jeffery Cavender, Julia Frost-Davies & Curtis Miller

Program B (Consumer Workshop)
Jamie Gingold, Presiding
1:40 - 2:20

I’m Not Short on My Escrow! Mortgage Escrow Accounting in the Bankruptcy Context
(click here for PPT)
(click here for Part 2)
(click here for Part 3)

How much is owed on that house? It is kind of an important question and it can sometimes seem like an impossible one to answer. Those escrow accounts and all their charges just seem to balloon in a bankruptcy. Do you need to pay for all those attorneys’ fees and drive-by valuations? Are you really short on the escrow account? This panel will help you address all of these problems and more.

SPEAKERS: Hannah Hutman & Debra Miller

2:20 - 3:00

Stay! and Other Commands You’d Like to Have Followed
(click here for PPT)

Debtors need the automatic stay. If your client has a prior case(s), you’re going to need to file a motion to extend or impose the stay. What issues does that raise for your case? How substantial of a change in circumstances do you need to be able to show? Do you need an affidavit from your client or does your client need to take another day off of work for the hearing? Should you always file that stay motion or is it sometimes better in the long run to just let the creditor proceed? This panel will address all the automatic stay questions you have but are afraid to ask.

SPEAKERS: Judge D. Sims Crawford & Travis Sasser

3:00 - 3:15 Refreshment Break
3:15 - 3:55

More Issues Than Cosmo! Bankruptcy Issues Before and After Filing
(click here for PPT)

You have been retained and your client wants to file bankruptcy. What are the key questions to ask to make sure you choose the right chapter and don’t get bitten by hidden problems? If you don’t ask, they definitely won’t tell! This panel will help identify the issues you need to know about – both before and after you file the case!

SPEAKERS: Ed Boltz, Hannah Hutman & Amanda Stofan
3:55 - 4:35

It’s Just My Little Side Hustle! Valuing Debtor’s Interest in LLC’s, Corporations and Partnerships
(click here for PPT)

Your client needs to file bankruptcy but they have a “little business”. How do you value the LLC, corporation or partnership for bankruptcy purposes? Is it just straight math: value of hard assets less liabilities? What about accounts receivable? What if the business is a personal service business with contracts that require the debtor to personally perform? This panel will help you with all the balance sheet ins and outs!

SPEAKERS: David Cox & Soneet Kapila

 

FRIDAY, MARCH 25, 2022 (Morning Sessions)

Eric Anderson, Presiding
8:00 - 9:00

Continental Breakfast

9:00 - 10:00

The Art of Cross-Examination
(click here for PPT)

Cross examination is indeed an art – and when practiced poorly can result in a waste of time, or, much worse, a counterproductive record. This presentation will offer the guidance to avoid common missteps and to make your cross examinations focused, effective and persuasive. Don’t miss this entertaining and informative presentation on the art of cross examination led by one of the leading bankruptcy litigators – and a sought-after instructor on cross examination techniques. (Submitted for 1.0 hour of trial credit.)

SPEAKERS: Richardo Kilpatrick & Tom Salerno
10:00 - 11:00

Eeny Meeny Miny Moe: Subchapter V vs. Chapter 13 vs. Chapter 11
(click here for Part 2)

(click here for Part 3)
(click here for PPT)

Suddenly you have lots of options. You have a small business or an individual engaged in business that needs a bankruptcy filing. So, should you file a Subchapter V, an 11 or a 13? What are the advantages and disadvantages of each for your client? What’s going to be the cheapest? What factors other than cost should you consider? Even if you wouldn’t touch a Chapter 13 with a ten-foot pole you better have the information to do this analysis! This panel will help you figure that all out!

SPEAKERS: Judge Paul W. Bonapfel, Richardo Kilpatrick & Amanda Stofan
11:00 - 11:15 Refreshment Break

11:15 - 12:35

BREAKOUT
SESSIONS

Chapter 11 Breakout Session
Ron Bingham, Presiding

Limits of Bankruptcy Court Jurisdiction - This panel will explore the “other” jurisdictional issue encountered in bankruptcy: determining the full scope of federal bankruptcy jurisdiction (without regard to the Marathon/Stern issues of the extent to which that jurisdiction can be exercised by a non-Article III bankruptcy court). The most difficult issues regarding the outermost limits of federal subject-matter jurisdiction in bankruptcy involve statutory “related to” jurisdiction in third-party disputes (involving state-law claims to which the bankruptcy estate is not a party) and so-called “supplemental” bankruptcy jurisdiction over such third-party claims. Determining the limits of the statutory grants of federal jurisdiction over such third-party state-law claims also necessitates consideration of the constitutional basis for (and limits of) federal bankruptcy jurisdiction over state-law claims.

SPEAKERS: Judge Paul Baisier, Prof. Ralph Brubaker & Eric Brunstad

Consumer Litigation Breakout Session
Tamara Ogier, Presiding

Here’s What All the Cool Kids Are Talking About: Annual Consumer Case Law Update - Come hear about the latest consumer bankruptcy law cases that you need to know. This panel will be your one stop shop to learn about the most recent cutting-edge cases. Don't embarrass yourself during your next Court appearance. Be here or call your insurance carrier!

SPEAKERS: Judge D. Sims Crawford & Sabrina McKinney

12:35 - 1:40

Lunch (Registrants only – included in registration fee).

 

FRIDAY, MARCH 25, 2022 (Afternoon Sessions)

ELECTIVE PROGRAMS A AND B
Program A (Chapter 11 Workshop)
Ron Bingham, Presiding
1:40 - 3:00

Equitable Mootness – Still an Open Issue- The panel will focus on the Constitutional and statutory issues implicated by the judicially applied doctrine of equitable mootness to bankruptcy appeals and especially of confirmation orders which may include controversial provisions such as non-consensual third party releases; the discussion will contrast statutory mootness for sales (section 363(m)) and will address related appellate issues involving stays and bonds pending appeal.

SPEAKERS: Prof. Ralph Brubaker, Eric Brunstad & Judge James Sacca

3:00 - 3:15

Refreshment Break

3:15 - 4:35

Bearing the Burden of a Debtor’s Stint in Bankruptcy (aka Managing the Risks of an Administratively Insolvent Debtor) - An increase in administratively insolvent chapter 11 debtors was one of the many complications facing restructuring professionals during the height of the Covid-19 pandemic. Landlords, suppliers and other administrative priority creditors frequently found themselves caught between wanting to get paid and wanting to have a continuing business relationship with the administratively insolvent debtor. This panel will examine the impact administrative expense claims have played in recent complex chapter 11 cases (especially during Covid) with a focus on the management of those claims, and the strategy to exit an administratively insolvent bankruptcy.

SPEAKERS: Judge Paul W. Bonapfel, Brad Sandler & Sunny Singh

Program B (Consumer Workshop)
Carrie L. Oxendine, Presiding
1:40 - 2:20

How to Lose Successfully in Bankruptcy Court
(click here for PPT)

You win some arguments you shouldn’t win, and you lose some arguments you shouldn’t lose. It’s just a fact of life in bankruptcy court. This panel will discuss practical tips and strategies for anticipating a potential loss, will address how you can react to a loss, and will help you figure out how to pull a loss into the win column – or at least into a partial win. Most importantly, it will help you sell it to your client as a total victory!

SPEAKERS: Judge Cynthia Norton & Judge Sage Sigler

2:20 - 3:00

Understanding Tax Returns: Analysis of Returns by a Debtor’s Counsel and a Trustee
(click here for PPT)

Tax returns are an incredible source of information. They list income, marital status, tax refunds, businesses, investments, asset depreciation and so much more. A post-petition return in a chapter 13 can even impact the plan payment going forward. You have to produce tax returns at the inception of every case and most chapter 13 trustees require tax returns for the life of the case. You know they will be mining for information, so debtor’s counsel needs to do the digging in advance. This panel will teach a non-accountant how to read a return and to spot undisclosed assets and other items that can send a case off the rails and will address legal issues raised by the information found in the returns.

SPEAKERS: David Cox & Soneet Kapila

3:00 - 3:15 Refreshment Break
3:15 - 3:55

Long Covid: A View of the Post Pandemic Bankruptcy World - Bankruptcy filings are down, but we all know a surge in filings is around the corner. Our industry may suffer from our own version of “Long Covid” as things pick up. This panel will discuss the likely long-term effects of the pandemic on consumer bankruptcies as the world reopens. We can call this your vaccine for the future!

SPEAKERS: Ed Boltz & Yann Geron
3:55 - 4:35

A Debtor, a Criminal, or Both?
(click here for Part 2)
(click here for PPT)

Sometimes we get a little more than we bargained for when we file a consumer bankruptcy. When criminal charges come into play, what do you need to do? Can pleadings in the bankruptcy case help or hurt your client? What is your role in a criminal investigation? What other considerations are there when the Feds - or even just the local police – come knocking? This panel will help you know how to handle the men with badges!

SPEAKERS: Judge Cynthia Norton & Travis Sasser