Conference
Friday, June 10, 2011
7:30–8:30 a.m.
Continental Breakfast
Sponsored by Bederson & Company, LLP
8:30–9:45 a.m.
Current Issues in Distressed Company Sales
Concurrent Session – 1
This panel will discuss issues affecting the sale of distressed companies in Bankruptcy court. Topics will include decisions that involve secured lenders, potential buyers, and the companies for sale including credit bidding, the future of stalking horse bidders and break-up fees, and fiduciary responsibilities.
SBMM* - Small Business Ch. 11 Issues
Concurrent Session – 2
A discussion of unique issues faced by small business bankruptcies in chapter 11 and the extent to which chapter 12 could be a viable alternative to the involved chapter 11 process if the law is changed to allow it to apply to small businesses.
9:45–10:00 a.m.
Morning Break
Sponsored by BDO Consulting
10:00–11:00 a.m.
Industry Restructurings: Real Estate, including Multi-Tranche
Concurrent Session – 1
Surviving distress and finding opportunity: Leading players in the distressed real estate segment will discuss issues and opportunities in the real estate market today.
Industry Restructurings: Continuing Care Retirement Communities.
Concurrent Session –2
Caring for Residents and Creditors The panel will examine challenges facing CCRC residents and their creditors from the perspectives of bankers, legal counsel and financial advisors. Topics include CCRC marketing enhancements, operational improvements, the restructuring process and recent developments in chapter 11 filings, debt refinancings and sale transactions.
Industry Restructurings: Transportation
Concurrent Session – 3
With the transportation industry feeling the squeeze of economic recession plus skyrocketing fuel costs, the panel will tackle primary factors in dealing with distress and major issues in restructuring in the transportation industry.
11:00–11:50 a.m.
The State of Private Equity and Distressed Investing
Concurrent Session – 1
What is the role that private equity and other distressed investors have played given current market conditions? How are these investors viewed by the Bankruptcy court and what challenges do they have either as owners or buyers? Have strategies to hold or buy companies changed recently?
SBMM* - Individual Chapter 11's
Concurrent Session – 2
Now more than five years removed from BAPCPA, the panel will reflect upon the significant changes to Bankruptcy Code provisions affecting individual debtors. The Panel will also discuss the evolving issues, challenges and advantages faced by individual Chapter 11 debtors.
Technology: Implications in Restructuring
Concurrent Session – 3
Case professionals across the board have to keep pace with technological maturity in the marketplace. This means leveraging advanced and innovative technology allowing it to play an increasingly key role in making the restructuring process faster, more streamlined and less costly.
12:00–1:30 p.m.
Luncheon Program: "Dodd-Frank: How the Provisions Will Be Implemented"
James R. Wigand
Director, Office of Complex
Financial Institutions, FDIC
1:30–2:30 p.m.
Happy Birthday BAPCPA
Concurrent Session – 1
Happy Birthday BACPA: It has now been over five years since BACPA became effective. This panel of Judges and practitioners will look at some of the law's major provisions, as well as some of the significant intended and unintended consequences of the law, and will discuss how they have been interpreted by the Courts and implemented (or avoided) by practitioners.
Keeping Score - Restructuring Issues in the Sports World
Concurrent Session – 2
This session will explore the intricacies of financing professional sports teams and stadiums, as well as how these financing structures impact restructurings and chapter 11 filings. Additionally, this session will cover professional sports team operations, influence/control professional sports leagues have over the process, collective bargaining agreements and lockouts, recent chapter 11 filings, and more.
SBMM* - Bankruptcy/Receivership
Concurrent Session – 3
How Receiverships can actually mimic bankruptcy either by customizing the order or when the Receivership statutes mimic bankruptcy.
2:30–2:45 p.m.
Afternoon Break
Sponsored by BDO Consulting
2:45–3:45 p.m.
Credit Markets
Concurrent Session – 1
The panel will discuss the availability of financing in support of restructuring activities in the current economic climate.
Technical Accounting Issues Related to ASC: 805 and 852
Concurrent Session – 2
Fresh start accounting enormously impacts a company's financial information. The change from historical value to fair value makes trending and peer group analysis a challenge. And with the recent bankruptcy bulge, we'll be seeing more of it than ever before. Airlines, auto, retail, financial services—every industry has a market leader and a cluster of peers reporting on a fresh start basis. This session briefly overviews the basics of fresh start, then focuses on some of the emerging issues and on-going impact of fresh start accounting. This is not the cookbook on how to do fresh start—it is the crash course on how to understand fresh start reporting.
SBMM* - 13-Week Cash Flow Forecast
Concurrent Session – 3
The 13-Week Cash Flow forecast and the ability of management to meet the goals in the forecast are critical to the business and strategic plans of any troubled business. The Panel will discuss issues critical to developing and implementing the 13-week Cash Flow Plan.
3:45–4:00 p.m.
Margarita Break
Sponsored by Dawson & Gerbic
4:00–5:00 p.m.
Collateralized Loan Obligations (CLO), 2013 Cliff, Collective Action Clauses
Concurrent Session – 1
Demystifying Collateralized Loan Obligations (CLO's) and their role in the restructuring market"
- CLO "nuts" and "bolts"
- Current market trends
- The 2012/3 maturity "cliff"
- Collective Action Clauses
- Strategies to address CLO's in restructurings
Creditor Issues: Lender Liabilities, Claims Trading and other Current Developments
Concurrent Session – 2
The panel will discuss current issues and recent developments of interest to creditors in bankruptcy and insolvency situations, including foreclosure sales of real and personal property, assignment of loans and loan portfolios before bankruptcy, trading bankruptcy claims, credit bidding in bankruptcy sales, lender liability, and subordination of claims in bankruptcy and avoidance of fraudulent and preferential transfers.
Valuation Issues Unique to Financial Reporting
Concurrent Session – 3
Issues in non-traditional valuations that are of concern to bankruptcy and restructuring advisors, including FASB 157 and fair value marks on loans.
6:00 p.m.
Thompson Island Lobster & Clam Bake Dinner
Sponsored by PCG Consultants
*SBMM—this abbreviation denotes sessions in the Small Business/Middle Market Track.
