Bankruptcy Process and Procedure

Monetizing Formerly Contaminated Industrial Sites - "Brownfields" - Through Solar Development

Debtor estates and other distressed stakeholders can monetize formerly contaminated parcels which have no higher or better use than solar by leasing or selling those assets to specialized brownfields-to-solar developers. These niche developers can buy suitable parcels outright or offer twenty-year leases which can be transferred with the property. The Inflation Reduction Act and renewable energy-friendly states provide significant financial incentives which allow for generous lease rates. Bankruptcy trustees, debtor estates, creditors and other stakeholders have begun exploring this monetization strategy, which can be accomplished out of court, as long as the assets are at least partially remediated. What is the brownfields solar financial model, whether through lease or acquisition, and how much revenue would it generate in a sample project?
What types of real estate assets are suitable for solar siting (and no other, higher/better uses)?
What geographical locations/states provide the best financial incentives (tax incentives, rec programs, high power rates) to generate the highest lease rate or purchase price for a trustee, debtor estate or other stakeholder?
What are the relevant provisions of the Inflation Reduction Act?
What are some of the relevant provisions in states with favorable policies?
How can a trustee, debtor estate or other stakeholder mitigate the environmental risk associated with brownfields solar projects?
How can public sector creditors properly dispose of or monetize through lease brownfield properties where the property owner is missing or refuses to appear in court proceedings?
Can environmental liabilities be discharged under section 363 of the Bankruptcy Code? Is that necessary in the context of developing solar on brownfields? Debtor Suggested Speakers Christy Searl christy@acpowerllc.com AC Power LLC

Venue concerns

creation of special “Chapter 11 districts” and the Texas Two-Step Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

3rd Party Releases

(regardless of what the Supreme Court concludes) Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Legislative updates

Legislative updates Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Chapter 13 Trustee’s statutory fees in unconfirmed cases

9th and 10th Circuits have one view, the is another view developing the 2nd Circuit, and the 6th Circuit have some cases being worked through the system. Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Artificial Intelligence

how this technology may aid in various aspect of the bankruptcy practice (consumer, business, sales, cases with large number of claims, etc.) and ethical concerns. Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

Duty of the Bar to Protect Judges

I have been thinking about this issue since Purdue and also what I saw in LTL in terms of sanctionable conduct with letters and pleadings from lawyers who should know better. I think it is part of a general decline in ethics and professionalism that includes less candor with, and more lying to, courts, including everything from misciting authority to false statements of fact. Open disrespect seems at a historic level. I think it is time for a high level panel/program on the subject. [FROM BOB KEACH] Other Suggested Speakers Amy Quackenboss aquackenboss@abi.org ABI

Advanced Fraud based litigation

Beyond Chapter 5

I spoke at2022 ABI SE on #2 with Robert Mercer of the Atlanta Bar , Jeff Warren of Tampa, and the true star of the program Leeann Gould, a forensic accountant/litigation consultant. It was a very well-received program if I do say so myself (again, mostly due to Leeann), focused on the practical aspects of bringing multi-count causes of action spring from the heart of fraud. I have taken the liberty of attaching that paper so you can see some background. The program is designed for practitioners rather than judges. Business Suggested Speakers Joseph Callaway Joseph_Callaway@nceb.uscourts.gov United States Bankruptcy Judge Eastern District of North Carolina

Financing pitfalls in agricultural bankruptcies

(both ch 11 and 12) (and not limited to classic small farmers) Business Suggested Speakers Joseph Callaway Joseph_Callaway@nceb.uscourts.gov United States Bankruptcy Judge Eastern District of North Carolina

Constitutional Law Wasn’t Like this in Law School

We should get a speaker(s) for a lunch plenary discussion about the cutting edge legal issues relating to the former president. Does he have immunity. Did he engage in insurrection, etc.

Not everyone wants to hear about bankruptcy especially when this is front and center of the legal world. Other John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones