Bankruptcy Process and Procedure

Are you leaving money on the table? The intuition behind the many practical applications of option theory. Lenders face a fundamental problem in life: the math, from the onset, favors the borrower. This is nowhere better displayed than in real estate transactions, where most debt is non-recourse and secured at the property level. Much legal work in a real estate transaction can be viewed as an effort to make up for and possibly invert the inherent disadvantages of the lender. This session aims to provide an intuitive, practical understanding of the role of option theory in structuring and valuing the positions of borrowers and lenders. Be able to look at any situation and better assess the value of embedded optionality. See value or costs where you didn't see them before. Capture more value for your clients. Be able to draw option diagrams on cocktail napkins at networking events. Debtor Suggested Speakers Ken Miller kmiller@advisorsguardian.com Guardian Advisors

Evidentiary Rules, Objections & Procedures "Tune Up" In Bankruptcy Proceedings For many practitioners, courtroom matters often become more routine recitations of settlements or agreed isolated issues to be argued. Likely all practitioners would appreciate a "tune up" on getting through a hotly contested case. Topics might include: pretrial motions (when and how to make); discovery right/procedures/objections; review of burden of proof and burden shifting rules; advice on presenting evidence by witness & common objections; how to get "in the record" the evidence you need - appraisals, valuation, lien position, payments, etc; Expert witness rules. Other David Cox david@coxlawgroup.com Cox Law Group

Monetizing Formerly Contaminated Industrial Sites - "Brownfields" - Through Solar Development Debtor estates and other distressed stakeholders can monetize formerly contaminated parcels which have no higher or better use than solar by leasing or selling those assets to specialized brownfields-to-solar developers. These niche developers can buy suitable parcels outright or offer twenty-year leases which can be transferred with the property. The Inflation Reduction Act and renewable energy-friendly states provide significant financial incentives which allow for generous lease rates. Bankruptcy trustees, debtor estates, creditors and other stakeholders have begun exploring this monetization strategy, which can be accomplished out of court, as long as the assets are at least partially remediated. What is the brownfields solar financial model, whether through lease or acquisition, and how much revenue would it generate in a sample project?
What types of real estate assets are suitable for solar siting (and no other, higher/better uses)?
What geographical locations/states provide the best financial incentives (tax incentives, rec programs, high power rates) to generate the highest lease rate or purchase price for a trustee, debtor estate or other stakeholder?
What are the relevant provisions of the Inflation Reduction Act?
What are some of the relevant provisions in states with favorable policies?
How can a trustee, debtor estate or other stakeholder mitigate the environmental risk associated with brownfields solar projects?
How can public sector creditors properly dispose of or monetize through lease brownfield properties where the property owner is missing or refuses to appear in court proceedings?
Can environmental liabilities be discharged under section 363 of the Bankruptcy Code? Is that necessary in the context of developing solar on brownfields? Debtor Suggested Speakers Christy Searl christy@acpowerllc.com AC Power LLC

Venue concerns creation of special “Chapter 11 districts” and the Texas Two-Step Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

3rd Party Releases (regardless of what the Supreme Court concludes) Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Legislative updates Legislative updates Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Chapter 13 Trustee’s statutory fees in unconfirmed cases 9th and 10th Circuits have one view, the is another view developing the 2nd Circuit, and the 6th Circuit have some cases being worked through the system. Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Artificial Intelligence how this technology may aid in various aspect of the bankruptcy practice (consumer, business, sales, cases with large number of claims, etc.) and ethical concerns. Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Duty of the Bar to Protect Judges I have been thinking about this issue since Purdue and also what I saw in LTL in terms of sanctionable conduct with letters and pleadings from lawyers who should know better. I think it is part of a general decline in ethics and professionalism that includes less candor with, and more lying to, courts, including everything from misciting authority to false statements of fact. Open disrespect seems at a historic level. I think it is time for a high level panel/program on the subject. [FROM BOB KEACH] Other Suggested Speakers Amy Quackenboss aquackenboss@abi.org ABI

Advanced Fraud based litigation Beyond Chapter 5

I spoke at2022 ABI SE on #2 with Robert Mercer of the Atlanta Bar , Jeff Warren of Tampa, and the true star of the program Leeann Gould, a forensic accountant/litigation consultant. It was a very well-received program if I do say so myself (again, mostly due to Leeann), focused on the practical aspects of bringing multi-count causes of action spring from the heart of fraud. I have taken the liberty of attaching that paper so you can see some background. The program is designed for practitioners rather than judges. Business Suggested Speakers Joseph Callaway Joseph_Callaway@nceb.uscourts.gov United States Bankruptcy Judge Eastern District of North Carolina