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Consumer debtors have been turning up the heat recently and asserting private rights of action, specific performance and damage claims based on federal statutes passed in response to the consumer mortgage loan crisis. This panel will explore issues surrounding the claims asserted under nonbankruptcy consumer mortgage mitigation programs (HAMP, HARP, etc.) and enforcement programs (National Mortgage Settlement, OCC consent orders, etc.) by debtors in chapter 13 cases.

Individual chapter 11 cases continue to present practitioners with a variety of complex and perplexing issues. This panel will discuss navigating through an individual chapter 11 case from the perspective of both the debtor and its creditors.

Two litigants will argue before a judge panel whether an intellectual property license is executory and assignable. And if it is not assignable, and for business reasons the debtor decides to reject the license agreement, what amounts to rejection of that license agreement and what rights, if any, the licensee has if a rejection occurs.

Organized labor has been at the forefront of many significant chapter 11 cases over the past several years. This panel will address a variety of topics (CBAs, WARN Act, Legacy Costs) that are critical to restructuring cases involving labor unions.

Luncheon Keynote at the Annual Spring Meeting

Six topical chapter 11 issues will be debated in a head-to-head format: (1) gifting; (2) classification; (3) Stern v. Marshall in the confirmation context; (4) Clear Channel sale issues; (5) assumption of debt; and (6) critical vendors. A panel of bankruptcy judges will ask questions and render decisions on each topic. Key issues that arise in the Ninth Circuit in connection with these topics will be emphasized.

"You know the math, but do you know how to win the argument? This panel will address the nuances of supporting your numbers, preparing your rebuttal brief and cross-examination, and providing valuable testimony for your position. We will address the important points in cross-examining your opponent’s position, discuss some of the more interesting recent bankruptcy valuation decisions, and analyze what works and what doesn’t in supporting key assumptions in the valuation process. "

This panel will explore the advantages and disadvantages of a 363 sale from the perspective of a purchaser, secured lender and company, addressing such issues as timing, costs, imposing sale milestones, releases and credit-bidding.