Recent News

April 25, 2008

Consumer and commercial breakouts featured for Bankruptcy Institute

In recent months, the malaise in the housing industry and credit markets has spread to the entire economy. As a result, many experts believe that it's just a matter of time before the next "wave" of commercial bankruptcy filings is upon us. Indeed, Chapter 11 bankruptcy filings are already up for the first months of 2008.

To help practitioners prepare for the commercial bankruptcy filings that are likely to come, the Commercial Breakout panel of the 2008 Bankruptcy Law Institute will address "First Day Orders and Procedures, Establishing the Committee, and the Duties of the Creditors' Committee."This panel will focus on many of the issues addressed in the early days of a Chapter 11 case, including requests for "first day" relief, the appointment of official committees and official committees' duties. The panel will also discuss case law relating to commercial cases arising from the 2005 amendments to the Bankruptcy Code.

"Some of the 2005 commercial bankruptcy amendments to the Code have their greatest impact during the early days of Chapter 11 cases," states Charles M. Oellermann, a partner at Jones Day and one of the panelists for the Commercial Breakout session. Other members of the panel include Hon. C. Kathryn Preston, U.S. Bankruptcy Judge, Southern District of Ohio; MaryAnne B. Wilsbacher, Assistant U.S. Trustee; Daniel M. Anderson of Schottenstein Zox & Dunn, and Tim J. Robinson, Squire Sanders & Dempsey. The panel will discuss preferred local practice and recent developments regarding routine first day motions and orders, employee retention, critical vendor programs, reclamation claims, treatment of utilities and the appointment and duties of official committees of unsecured creditors.

In addition to the Commercial Bankruptcy developments, Christal L. Caudill notes that consumer bankruptcy also experienced change this year, “The New Year brought a mandatory Chapter 13 plan to the Eastern Division of the Southern District for Bankruptcy. John W. Kennedy, Susan Fischer Thompson, W. Mark Jump and Deborah P. Ecker will discuss how recent case law is impacting the mandatory plan and comment on the latest version of the form plan. Attorneys Robert Ellis, Michael A. Cox, Amy D. Hathaway and David T. Powell will wrap up the consumer breakout section with an update on local Chapter 13 decisions and give practical tips on how to deal with objections to confirmation.”

If you practice in or around insolvency issues, you will want to attend the Bankruptcy Law Institute on Thursday, May 1 and Friday, May 2. Attendance on both days will include 12.25 CLE hours with professionalism and substance abuse required credits. Register online (Day 1 only, Day 2 only, Both Days) or telephone 614/221.4112 to reserve your space for event #3602. Register for both days: member, $310 prepaid/$325 day of; non-member, $390 prepaid/$405 day of; paralegal, $255 prepaid/$270 day of. Or you may register for Thursday or Friday only at the following rate: member, $200 prepaid/$215 day of; non-member, $260 prepaid/$275 day of; paralegal, $170 prepaid/$185 day of. Lunch is included.