ALI-ABA Course of Study Fundamentals of Bankruptcy Law. May 4-6, 2006 Chicago, Illinois

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1 ALI-ABA Course of Study Fundamentals of Bankruptcy Law May 4-6, 2006 Chicago, Illinois PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIAL TABLE OF CONTENTS Page ix xi xiii The following are unedited prepublication chapters from the forthcoming ALI-ABA Publication: Fundamentals of Bankruptcy Law, Sixth Edition By Richard B. Levin Skadden, Arps, Slate, Meagher & Flom LLP, New York 1. Introduction and Overview 1 2. The Bankruptcy System Commencement of the Case The Estate The Administrative Powers Distribution of the Estate The Individual Debtor and the Fresh Start Partnerships Chapter 11 Reorganizations Taxes 203 vii

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3 ALI-ABA Course of Study Fundamentals of Bankruptcy Law May 4-6, 2006 Chicago, Illinois PROGRAM Thursday, May 4, :30 a.m. Registration and Continental Breakfast 8:30 a.m. Introductory Remarks 8:40 a.m. Overview Overview of the Bankruptcy Code and procedural rules 9:30 a.m. The Court System The Bankruptcy Judge (appointment and term of office); bankruptcy jurisdiction (original and removal); allocation of bankruptcy jurisdiction between District and Bankruptcy Judges; venue and transfer of cases and proceedings; appeals 10:30 a.m. Networking Break 10:45 a.m. Commencement of the Case Voluntary and involuntary petitions; eligibility and means testing ; conversion 12:15 p.m. Lunch Break 1:30 p.m. Case Administration The administrators and officers and their compensation; appointment or election of trustee; meeting of creditors 2:00 p.m. The Bankruptcy Estate Property of the estate; protection of property of the estate (automatic stay against lien enforcement, turnover of property, prohibition against forfeitures) 3:15 p.m. Networking Break 3:30 p.m. The Trustee's Avoiding Powers The trustee as a hypothetical lien creditor; the trustee as a bona fide purchaser; the trustee as a successor to the rights of creditors; fraudulent transfers; invalidation and subordination of statutory liens; limitations on avoiding powers; liability of transferees; preservation of transfer; set-off; preferential transfers 5:00 p.m. Adjournment for the Day Friday, May 5, :00 a.m. Continental Breakfast 8:30 a.m. The Trustee's Avoiding Powers (continued) 9:45 a.m. Networking Break 10:00 a.m. Executory Contracts, Leases, and Sales ix

4 11:15 a.m. Distribution of the Estate Claims; priorities; subordination 12:15 p.m. Lunch Break 1:45 p.m. The Fresh Start and Other Matters of Particular Importance to the Individual or Consumer Debtor The debtor s duties; examination and immunity; the automatic stay against lawsuits; exemptions and Spendthrift Trusts; redemption; grounds of objection to discharge; non-dischargeable debts; other effects of discharge; protection of the discharge; reaffirmation 3:45 p.m. Networking Break 4:00 p.m. Chapter 13 Chapter 13 adjustment of debts of individuals with regular income; application of other chapters; commencement of the case and conversion to or from chapter 13; rights and powers of trustee and debtor; plan confirmation and its effect; modification of plan 5:00 p.m. Adjournment for the Day Saturday, May 6, :00 a.m. Continental Breakfast 8:30 a.m. Introduction to Chapter 15 8:45 a.m. Chapter 11 The beginning of the chapter 11 case; the chapter 11 cast of characters; keeping the ship afloat ; formulation of the plan; acceptances of the plan; confirmation; effect of confirmation; consummation 10:15 a.m. Networking Break 10:30 a.m. Chapter 11 (continued) 1:00 p.m. Adjournment x

5 ALI-ABA Course of Study Fundamentals of Bankruptcy Law May 4-6, 2006 Chicago, Illinois PLANNING CHAIR K. John Shaffer, Esquire Stutman, Treister & Glatt, PC 1901 Avenue of The Stars Fl 12 Los Angeles, CA FACULTY Stephen H. Case, Esquire Managing Director & General Counsel Cohen & Company, LLC 800 3rd Ave New York, NY Honorable Jeffery P. Hopkins 221 E 4th St Ste 800 Atrium Two Cincinnati, OH Ralph R. Mabey, Esquire Stutman Treister & Glatt, PC 185 S State St Ste 1300 Salt Lake City, UT Honorable Bruce A. Markell 300 Las Vegas Blvd S, Foley Fed Bldg Las Vegas, NV Honorable Randall J. Newsome 1300 Clay St Rm 220 Oakland, CA Honorable Elizabeth L. Perris 1001 SW 5th Ave Ste 700 Portland, OR George M. Treister, Esquire Stutman, Treister & Glatt, PC 1901 Avenue of The Stars Fl 12 Los Angeles, CA xi

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7 FACULTY BIOGRAPHIES Planning Chair K. John Shaffer, Los Angeles, California Stutman, Treister & Glatt, PC A.B., Stanford University; J.D., University of California at Berkeley (Boalt Hall) School of Law Memberships: National Bankruptcy Conference; Financial Lawyers Conference (Board of Governors); Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure; California Bankruptcy Forum (Board of Directors); State Bar of California (Business Law Section); Los Angeles Bankruptcy Forum (Board of Directors); Los Angeles County Bar Association (Commercial Law and Bankruptcy Sections) Faculty Stephen H. Case, New York, New York Managing Director & General Counsel, Cohen & Company, LLC Former private practitioner A.B., LL.B., Columbia University Adjunct Professor, Georgetown University Law School, Memberships: American Law Institute; National Bankruptcy Conference; New York State and American Bar Associations; The District of Columbia Bar; The Association of the Bar of the City of New York; Board of Trustees, Columbia University; Board of Trustees, New York Presbyterian Hospital Honorable Jeffery P. Hopkins, Cincinnati, Ohio A.B., Bowdoin College; J.D., Ohio State University Adjunct Professor, University of Cincinnati College of Law, , 2005 Memberships: National Conference of Bankruptcy Judges (President-Elect and Board of Governors); Advisory Committee on Bankruptcy Judge Education, Federal Judicial Center; Federal Bar Association; Cincinnati Bar Association; Black Lawyers Association of Cincinnati; Just the Beginning Foundation; OSU Moritz College of Law National Council Ralph R. Mabey, Salt Lake City, Utah Stutman Treister & Glatt, PC Former United States Bankruptcy Judge B.A., University of Utah; J.D., Columbia University Senior Lecturer, J. Reuben Clark Law School, Brigham Young University Immediate Past Chair and Fellow, American College of Bankruptcy Memberships: American Law Institute; National Bankruptcy Conference (Executive Committee); Advisory Committee on the Bankruptcy Rules of the United States Judicial Conference, ; American Bar Association s Select Advisory Committee on Business Reorganization; American Bankruptcy Institute; International Insolvency Institute Publications: COLLIER ON BANKRUPTCY, 15th Ed. (Contributing Author); COLLIER BANKRUPTCY MANUAL (Contributing Author); NORTON BANKRUPTCY LAW ADVISOR (Managing Editor, ); AMERICAN BANKRUPTCY LAW JOURNAL (Editorial Advisory Board, ) Honorable Bruce A. Markell, Las Vegas, Nevada xiii

8 Honorable Bruce A. Markell, Las Vegas, Nevada B.A., Pitzer College; J.D., University of California, Davis Former Doris S. and Theodore B. Lee Professor of Law, William S. Boyd School of Law, University of Nevada Fellow, American College of Bankruptcy Memberships: American Law Institute; National Bankruptcy Conference (Member, Executive Committee); International Insolvency Institute Consultant to the Advisory Committee on the Federal Rules of Bankruptcy Procedure Publications: COLLIER ON BANKRUPTCY (Member, Editorial Board; Contributing Author, 15th Ed. Rev.) Honorable Randall J. Newsome, Oakland, California B.A., Boston University; J.D., University of Cincinnati Other Government and Public Service: U.S. Bankruptcy Judge (S.D. Ohio), Fellow, American College of Bankruptcy Memberships: American Law Institute; National Conference of Bankruptcy Judges (President, ) Publications: Compensation of Professionals, in CHAPTER 11 THEORY AND PRACTICE (1994); COLLIER ON BANKRUPTCY (Contributing Author) (15th Ed. Rev.) Honorable Elizabeth L. Perris, Portland, Oregon A.B., University of California, Berkeley; J.D., University of California, Davis Adjunct Professor, Willamette University School of Law, 1998 United States Bankruptcy Appellate Panel for the Ninth Circuit, ; Fellow, American College of Bankruptcy Memberships: Federal Bar Association (Chairperson, Bankruptcy Section, ); Oregon State Bar (Executive Committee, Debtor-Creditor Section, ; Executive Committee, Alternative Dispute Resolution Section); Federal Judicial Center (Board Member, ; former Chairperson, Bankruptcy Judges Education Committee) Publications: NORTON BANKRUPTCY LAW AND PRACTICE, 2nd Edition, 1993 (Contributing Author); ALTERNATIVE DISPUTE RESOLUTION, THE LITIGATOR S HANDBOOK, 2000 (Contributing Author) George M. Treister, Los Angeles, California Stutman, Treister & Glatt, PC B.S., University of California at Los Angeles; LL.B., Yale University Former Lecturer, University of California at Los Angeles School of Law; University of Southern California Law School; Stanford Law School Government Service: Judicial Conference Advisory Committee on Bankruptcy Rules Fellow, American College of Bankruptcy Memberships: American Law Institute; National Bankruptcy Conference (Vice-Chairman, ); Advisory Committee on the Bankruptcy Rules of the United States Judicial Conference, ; American Judicature Society Publications: FUNDAMENTALS OF BANKRUPTCY LAW (Co-Author) (ALI-ABA, ); RECENT BANKRUPTCY DECISIONS (Editor) (ALI-ABA) Former Planning Chair, ALI-ABA Fundamentals of Bankruptcy Law xiv

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