Practice and Procedure

Not just Maple Syrup and Hockey: Tips and Tricks from North - Developments in Canadian Law that could be imported to the US The focus of the panel would be to identify uniquely Canadian distressed deal structures and litigation techniques that could be imported to the American restructuring practice. Would cover developments from coast to coast by including at least 3 Canadian practitioners from the West Coast, Central Canada and Quebec would be selected once the audience was determined. For example key points would be: could you get a reverse vesting order under Chapter 11? Practictioners will learn new techniques and strategies unique to Canada. Business Natasha MacParland nmacparland@dwpv.com Davies Ward Phillips & Vineberg LLP

Alternatives to bankruptcy filings Session will identify options to bankruptcy for struggling companies and explain why certain alternatives should be considered and in certain instances utilized. Many bankruptcy practioners are not familiar with non-bankruptcy options such as ABCs and UCC sales which in many instances are far superior to the bankruptcy option.

This session will educate the practitioner so that that individual can provide proper advice and representation for the struggling business client. Business Suggested Speakers Randy Nussbaum randy.nussbaum@sackstierney.com Sacks Tierney Scottsdale

What does it mean to be an Ally? We continue to espouse the desire for more equity and inclusion in our practice. As far as representation of attorneys of color we are not succeeding. Let's look at commitments we can make as individuals and firms to be real allies. Business Suggested Speakers Lyndel Vargas LVargas@chfirm.com cavazos hendricks poirot, pc

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

Great Debates Topic: "Resolved, a creditors committee has the unconditional right to intervene in an adversary proceeding." There is a clear split of authority on this issue, with the First, Second, and Third Circuits in the majority, and the Fifth Circuit (and me) in the minority. See In re Bal Harbour Quarzo, LLC, 638 B.R. 660 (Bankr. S.D. Fla. 2022). Attendees will hear arguments on both sides of this issue, including policy and practical concerns raised by each position. Business Suggested Speakers Scott Grossman smgrossman@flsb.uscourts.gov U.S. Bankruptcy Court, Southern District of Florida

Everything You Ever Wanted to Know About Conversions Review conversions "up and down" from all chapters (e.g., 7 to 11, 12, 13; 13 to 11; vice versa)
Sub V De-designation issues?
Eligibility?
Absolute right to convert?
Grounds for forcing conversion?
Standing to move to convert debtor's case?
Impact of converting?
Deadlines for exemptions?
What is property of the estate in the converted case?
Impact of omitted creditor in case converted to a "no asset" 7 (when, for ex. there were distributions in the 13)
Strategic considerations?
Attorney fees to convert? Disclosure of fees?
Competing motions to dismiss (by debtor) and to convert (by Trustee, for example). How handled? Absolute right to dismiss? Compare chapters

Other David Cox david@coxlawgroup.com Cox Law Group