Last Friday I had the opportunity to make a second presentation on the impact of the new bankruptcy law on businesses. The first seminar was held in Dallas and the second in Houston. It was also presented via video in San Antonio. Much has been written on the impact of the new law on individuals, but this is a comprehensive talk/article on the newly created legal issues for businesses (for both a debtor and a creditor's perspective). Ray prepared the paper (which is very good) and happily I thought that the talk was well received. The two day seminar was sponsored by University of Houston Law Foundation. I am grateful to Lillian Flurry and the folks at U of H as I always appreciate the chance to talk about bankruptcy law! To obtain a copy of this article, please contact me at jmm@mcbridelegal.com

Mike

Even as the wrath of Katrina is still being dealt with, here comes Rita. Personally, the seminar I was to give in Houston tomorrow is off and has been moved to October 20 and 21.

The Dallas presentation of the same University of Houston seminar, Advising Mid-Sized Businesses, will proceed as scheduled for next Thursday and Friday. No surprise here: my specific topic is the impact of the new amendments to the Bankruptcy Code on businesses.

Here is an excerpt from a Meteorologist's blog talking about the impact of Rita:

"Even if the storm comes in 25-50mi west of Galveston, the angle at which it does so will still bring a massive surge into the bay and result in the center of the storm passing directly over Houston as a category 3/4 system.

Residents of the entire Texas coastline within the projected path of the storm and particularly those in Corpus Christi, Victoria, Galveston, and Houston should rush all preparations to completion and evacuate if necessary and/or told to do so by authorities. The potential for an Andrew-like impact upon the region is very real and this is not a storm to take lightly. I repeat, if you are along the coastline, please evacuate. If you are in Houston, prepare for the worst and hope for the best. Things are only going to go downhill from here for the next 3 days. Residents further inland, such as those in Austin, Waco, San Antonio, and Dallas should be prepared for impacts inland similar to those encountered inland along Katrina's path, such as seen in Jackson, MS and Meridian, MS. Model guidance is suggesting that the storm will stall in the 5-6 day period over northern Texas, bringing about the potential for flooding rains and torrential downpours. If you are in a low-lying area, please be ready to get out if the flood waters begin to rise.

Residents of New Orleans, particularly St. Bernard and Plaquemines Parishes, should be aware that wave action is very strong with this storm on the north side and will likely flood areas that were devastated by Katrina just 3-3.5 weeks ago. It is unclear as to how much rainfall the region may receive from Rita after landfall, but using other systems further toward the east as a proxy, rainfall amounts of 3-5" are possible. This would cause localized flooding of already flooded areas in Orleans Parish as well, bringing about a situation that must be watched closely through the week. "

And here is the link to that interesting warning:

http://flhurricane.com/

Take care all, Mike

Link: http://www.texaslawyerblog.com/media/September 2005 Advising Mid-Sized Corp.Recent Changes BK Code.093005_03.pdf

On September 22-23, 2005, in Houston, Texas and September 29-30, 2005, in Dallas, Texas, J. Michael McBride will be speaking on the subject: Recent Changes to the Bankruptcy Code. His talk will be part of a seminar entitled "Advising Mid-Sized Corporations" sponsored by the University of Houston Law Foundation.

Click on the title above to see the complete brochure. The seminar will be presented live in Houston and Dallas and by video in Austin. The Austin presentation will be on December 8-9, 2005. If you have any questions about attendance at one of the seminars, please contact us or the University of Houston Law Foundation.

Bankruptcy Seminar -
A one day seminar on all types of litigation issues which arise in bankruptcy proceedings. Lear the tricks of the trade from the experts.

When
Dallas on April 22, 2005 at the Doubletree Hotel Campbell Centre, 8250 North Central Express Way, Registration begins at 8:00 am and Seminar runs from 8:30 am - 4:30 pm
Lunch (on your own) Noon - 1:00 pm

Seminar Highlights:
*Obtain a broad introduction to Bankruptcy, the Code, Rules and Procedures
*Filing Proofs of Claims, Types of Claims and Motion to Allow Claims
*Confirmation of Chapter 13 and 11, including Disclosure Statements
*Executory Contracts nd Unexpired Leases, including Motion to Compel Assumption or Rejection and Rules for Assignment of Contracts/Leases
*Avoidance Actions including Preference, Fraudulent Transfers
*Settlements, Motion to Approve Compromises and Stipulations, Dismissals, Agreed Orders, and Breadth of Releases in Settlement Papers
*One (1) Credit hour of Ethics covering individuals and Discharge Issues and Exemptions and Scheduling Issues

Speakers
J. Michael McBride
Leslie P. Ricketts
John Y. Bonds, III
J. Michael Sutherland
Alan S. Trust

Who Should Attend
*Attorneys and legal assistants who wish to learn more about bankruptcy law
*In-house counsel who may be faced with one or more preference suits
*Lending officers who have customers who file for bankruptcy
*Professionals in the collection field
*Management of troubled companies who are contemplating a bankruptcy filing
*Small and large business owners

Seminar Agenda
I. Introduction to Bankruptcy
A. Code, Rules and Local Rules
B. Court System, Jursidiction, Abstentionand Reference
C. Chapters
D. Contested Matters and Adversary Proceedings
E. Parties to the Process, The Litigationand What is Their Bias?
F. Timelines, When Will Litigation Occur?

II. Claims, Types, Timing, and Motions to Allow, and Objections to Claims

III. Confirmation, Chapter 13 and 11 and Objections to Confirmation (Disclosure Statements)

IV. Executory Contracts and Unexpired LEases, Motions to Compel Assumption or Rejection and Rules for Assignment of Contracts/Leases

V. Avoidance Actions, Preferences, Fraudulent Transfers, Remedies Upon Avoidance

VI. State Court Litigation and Bankruptcy - Both with a Debtor as Plaintiff and Defendant

VII. Settlements, Motions to Approve Compromises (9019) and Stipulations, Dismissals, Agreed Orders and Breadth of Releases in Settlement Papers (Can you bind a future Trustee?)

VIII. Ethics - Individuals and Discharege Issues, and Exemptions and Scheduling Issues (Recent Hon. Lynn and Hon. McBryde cases)