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Wednesday, August 7, 2013

August Professor's Corner Call

It's time to invite you to this month's Professors' Corner call, sponsored by the ABA RPTE Section.  From this month's host, Wilson Freyermuth:

Professors' Corner:   Wednesday, August 14, 2013

12:30pm Eastern/11:30am Central/9:30am Pacific

Call-in number: 866-646-6488

Passcode: 5577419753

Professors’ Corner is a monthly FREE teleconference sponsored by the ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group.  Each month’s call features a panel of law professors who discuss recent cases or issues of interest to real estate practitioners and scholars.

Our program on Wednesday, August 14 is “Real Estate Issues in the Bankruptcy Courts.”  Our panel will discuss the latest on several important real estate issues in bankruptcy, including the “absolute priority” rule in individual Chapter 11 cases; the “strip-off” of underwater liens in Chapters 11 and 13; and the artificial impairment and artificial classification in Chapter 11 cases.

Our panelists for the program include three leading bankruptcy scholars:

Professor Ralph Brubaker, University of Illinois College of Law.  Prof. Brubaker has taught at Illinois since 2004 after many years at Emory University Law School.  He has served as Interim Dean and Associate Dean for Academic Affairs at Illinois and most recently as the Guy Raymond Jones Faculty Scholar.  He will discuss a recent Fifth Circuit decision, In re Village at Camp Bowie I, L.P., and the extent to which a Chapter 11 debtor can “artificially” impair claims to facilitate cramdown of a reorganization plan and the status of the “artificial classification” doctrine.  Here are links to the cases that Prof. Brubaker will address: 

In re Village at Camp Bowie, 710 F.3d 239 (5th Cir. 2013)

http://www.ca5.uscourts.gov/opinions/pub/12/12-10271-CV0.wpd.pdf 

In re Greystone III Joint Venture, 995 F.2d 1274 (5th Cir. 1992)

https://bulk.resource.org/courts.gov/c/F2/995/995.F2d.1274.90-8529.html

In re Little Creek Development Co., 779 F.2d 1068 (5th Cir. 1986)

https://bulk.resource.org/courts.gov/c/F2/779/779.F2d.1068.85-1615.html 

In re Sun Country Development, Inc., 764 F.2d 406 (5th Cir. 1985)

https://bulk.resource.org/courts.gov/c/F2/764/764.F2d.406.84-1999.84-1978.html

Professor Bruce Markell, Florida State University.  Prof. Markell returns to teaching at FSU in 2013 as the Jeffrey A. Stoops Professor, after many years of service as a United States Bankruptcy Judge for the District of Nevada and as a member of the Bankruptcy Appellate Panel for the Ninth Circuit.  Prior to his service as bankrutpcy judge, Prof. Markell had a distinguished career as a law teacher at both Indiana University and UNLV.  He will address recent case developments involving the “absolute priority rule,” including whether the rule applies in individual Chapter 11 cases and Judge Easterbrook’s recent “new value” decision in In re Castleton Plaza.  Here are links to the cases that Prof. Markell will address: 

In re Lively, 717 F.3d 406 (5th Cir. 2013)

http://www.ca5.uscourts.gov/opinions/pub/12/12-20277-CV0.wpd.pdf

In re Castleton Plaza, LP, 707 F.3d 821 (7th Cir. 2013)

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2013/D02-14/C:12-2639:J:Easterbrook:aut:T:fnOp:N:1083443:S:0 

In re Shat, 424 B.R. 854 (Bankr. D. Nev. 2010)

http://www.nvb.uscourts.gov/downloads/opinions/bam-08-23136-shat.pdf

Professor Robert Lawless, University of Illinois.  Prof. Lawless has taught at Illinois since 2006, and previously taught at both Missouri and UNLV. He currently serves as the Associate Dean for Research and the Co-Director of the Illinois Program on Law, Behavior, and Social Science.  Prof. Lawless will address recent case developments regarding the ability of Chapter 11 and 13 debtors to “strip-off” underwater mortgage liens.

Tanya Marsh

http://lawprofessors.typepad.com/property/2013/08/august-professors-corner-call.html

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