Welcome and Opening Remarks: Chief Judge John Kolwe (WDLA)

A discussion of recent national and circuit court decisions of note to Bankruptcy practitioners. Topics to include cases on reorganization, consumer bankruptcy, municipal debt adjustment, cross-border insolvency and numerous subtopics of each. 

Historically, small businesses struggled to confirm plans of reorganization and successfully reorganize under chapter 11 of the Bankruptcy Code.2 Conventional chapter 11 was designed for large corporations, not family-owned limited liability companies.3 Previous attempts to adapt chapter 11 for small businesses were unsuccessful. Congress passed the Small Business Reorganization Act of 2019 (the “SBRA”) to adapt the chapter 11 process for small businesses because it was concerned that small businesses could not successfully reorganize under conventional chapter 11.
With an effective date of February 19, 2020, the primary goal of the SBRA is to promote successful reorganizations of small businesses. The SBRA achieves this by giving small business debtors a new option within chapter 11 – subchapter V. The SBRA and subchapter V implemented numerous changes for small business debtors. While a comprehensive analysis of subchapter V is beyond the scope of this article, this article will focus on a unique (and perhaps unintended) benefit of subchapter V for small business debtors—the ability to deal with large, unliquidated
and/or contingent debts.

A look at the energy sector as it relates to debt and bankruptcy from an expert in energy investment banking.

A look at the evolution of committees in bankruptcy decision-making in the United States. From the Age of Administration to the Age of the Deal to the Age of the Sale to the Age of Private Equity.

Chapter 13 and Chapter 7 Trustees approach each case with the perspective of overseeing the conduct of debtors, ensuring that both debtors and attorneys comply with applicable laws and procedures, evaluate each debtor’s assets and validity of claims, and disburse funds to creditors. To untangle each case and to make each case as successful as possible, it truly takes the cooperation between the trustees, the debtors and practitioners. The better all three work together, the more positive the experience is and the better the outcome.

• Examples of difficult DIP financing situations, which put a judge in a box
  • Example of a distressed hospital system with lives at stake
  • An athletic store with a “creeping” roll-up 
• Lender-on-lender violence 
  • Up-Tier 
  • Drop-Down 
  • DIP with equity conversion 
• Oil, Gas, and DIP liens (if there’s time…)
   

Chief Bankruptcy Judge Meredith Grabill and retired Bankruptcy Judge Louis Phillips and other veteran bankruptcy practitioners and judges will talk about the formation and founding of the LSU Bankruptcy Conference, and will provide lessons to improve the legal knowledge and skill required to serve not only clients, but the public good.  The speakers will remark on the ways in which the conference has provided and will continue to provide a forum for attorneys to exchange ideas and become proficient in the use of technology, rules of civil procedure, ethical legal strategies when representing clients in court and litigating against opposing counsel.  The panel will also discuss how veteran attorneys can mentor new attorneys to the bar and engage in the legal process with honesty and civility.

A discussion of recent national and circuit court decisions of note to Bankruptcy practitioners. Topics to include cases on reorganization, consumer bankruptcy, municipal debt adjustment, cross-border insolvency and numerous subtopics of each. 

The panel will examine issues facing CROs, 50/50 closely held debtors, deceased debtors, clients with diminished capacity, corporate consent aged clients, and incarcerated clients.

• Purpose of Valuation in Business Cases
• Main Certifications for Valuation Professionals
• Valuation in Plan Confirmation Process
• Terms Describing Asset Values
• Describing Firm or Company Value
• Making Your Case: Valuation Experts
• Valuation Process
• Important Qualitative Considerations 
• Common Methodologies Employed

The attorney has an ethical duty and responsibility to make sure that she/he is authorized to file the bankruptcy on behalf of the Debtor and act on behalf the client, whether the client is the Debtor or a party in interest. Most of the time, verifying the Debtor is authorized is relatively straight forward. However, from time-to-time, attorneys may encounter a fact pattern that is not straight forward, and an analysis is required to determine who is in charge. This presentation is meant to assist the practitioner in an ethical verification of who is authorized to act on behalf of a party and who is in charge. It will cite specific, relevant Rules of Professional Conduct and Bankruptcy Rules.

Chief Bankruptcy Judge Meredith Grabill and veteran practitioners will discuss forward-looking substantive and procedural issues facing the bankruptcy law practice in a fun and entertaining speedround format. Topics will include fees, non-consensual third-party releases, barriers to entry into a mid-sized market law practice, potential rule changes, and the use of technology in practice.  This panel is great for new and seasoned attorneys alike.