Young Members, Business Reorganization Committees to Present Joint Program at 2004 Winter Leadership Conference
“Valuations in Chapter 11 Cases: What You Want Depends on Where You Sit (and When You Are Sitting There)”
The Young & New Members and Business Reorganization Committees will present a joint educational program at the ABI’s Winter Leadership Conference in Scottsdale, Ariz., Dec. 3, 2004 from 9:30–11:00 a.m. The program will explore common methodologies for determining the value of reorganizing businesses and, more critically, the use of valuation as a tactical tool by various key constituencies in the chapter 11 case at various points on the chapter 11 timeline, including confirmation proceedings. The panel will discuss when valuations are used, why they may be needed, what they may be used for, and what parties can and should do with valuation information when they have it. The panel will also explore how changes to certain key assumptions can affect valuation conclusions, and how such changes might be used (or opposed) by the competing parties. This last point will be illustrated with a case study of the plan confirmation process from the viewpoint of various key players: senior secured debt, junior or unsecured debt and equity. Scheduled speakers include Scott H. Lang, Brown Gibbons Lang & Co.; Stephen S. Gray, TRG; and Mark S. Jones, Mesirow Financial Consulting LLC. The moderator of the panel will be Melissa Kibler Knoll, Mesirow Financial Consulting, co-chair of the Young and New Members Committee.
Top 10 Tips for Writing a Good Brief
by Tom Yerbich
What is a “good” brief? That is a question on which there are many different viewpoints. The brief is your first, and perhaps best, chance to tell your side of the story to the court. A good brief does not necessarily mean you will win, but a bad brief can certainly substantially diminish the odds. The following are my 10 rules garnered from the perspective of over 30 years experience in writing and reading briefs, from the so-called “garden variety” to the most complex issues of law and fact. When reading this, keep in mind that, as with all monographs on brief-writing, this is but one person’s observations and opinion.
Nuts & Bolts: Bankruptcy Fundamentals for Young Practitioners
Bankruptcy–Nuts & Bolts for Young Practitioners, ABI’s popular one-day program on the fundamentals of bankruptcy, will be offered at the 2004 Winter Leadership Conference. This program, filled to capacity at both the 2003 Annual Spring Meeting and Winter Leadership Conference, features an outstanding faculty of judges and practitioners. Separate consumer and business tracks allow new practitioners to customize their educational experience.
The program covers the basics, including:
- Structure of the Code: commencing the case
- Concepts: discharge, property of the estate, claims, priority, adequate protection, automatic stay and exceptions
- Avoiding powers, fraudulent transfers, preferences
- Executive contracts and leases
- Ch. 11 from beginning to end
- And much more!