JUDGES PANEL. HONORABLE LEIF M. CLARK Judge, U. S. Bankruptcy Court Western District of Texas San Antonio, Texas HONORABLE DONALD R.

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1 JUDGES PANEL HONORABLE LEIF M. CLARK Western District of Texas San Antonio, Texas HONORABLE DONALD R. SHARP Eastern District of Texas Plano, Texas HONORABLE WESLEY W. STEEN Southern District of Texas Houston, Texas HONORABLE ROBERT L. JONES Northern District of Texas Lubbock, Texas ADVANCED BUSINESS BANKRUPTCY COURSE May 17-18, 2001 Dallas, Texas CHAPTER 14

2 VITAE Wesley W. Steen Address: 515 Rusk Avenue, Houston, Texas (713) Born: Abbeville, Louisiana - February 15, Undergraduate: University of Virginia; B.A. Degree "With Distinction", English, 1968; Dean's List. Law School: Louisiana State University Law School; Juris Doctor, Order of the Coif; Louisiana Law Review; Dean's List; ODK; Phi Kappa Phi; Student Bar Association Board of Governors. Professional Practice: From 1974 through February 1980, practiced law with Sanders, Downing, Kean & Cazedessus, Baton Rouge, Louisiana; a partner in that firm from July 1977 to February In February 1980, began solo practice of law. In March 1983 became President of Steen, Rubin, Curry, Colvin & Joseph, A Professional Law Corporation. In October 1983, appointed part-time Bankruptcy Judge, U.S. Bankruptcy Court for the Middle District of Louisiana. Practiced law and served as part-time judge until appointment as full-time judge on December 6, 1984; served as Bankruptcy Judge until December 31, Joined Winstead, McGuire, Sechrest & Minick, A Professional Law Corporation, as a Shareholder on January 1, Appointed U.S. Bankruptcy Judge on 9/26/97. Professional Honors and Recognition: L.S.U. Law Center Hall of Fame; Member, College of the State Bar of Texas; Fellow, American College of Bankruptcy; Former member, Editorial Advisory Board of the American Bankruptcy Law Journal. Other Legal: Adjunct Assistant Professor of Law at Louisiana State University Law Center; Adjunct Assistant Professor of Law at Southern University Law School. Formerly: Member, Louisiana State Bar Association Committee on Bar Admissions; Member, Louisiana State Law Institute Continuous Revision Committee, Louisiana Trust Code; Member, Baton Rouge Estate and Business Planning Council. Military Service: From 1968 to 1971 served as Naval Flight Officer, U.S. Navy. Squadron VAW-124, assigned to U.S.S. America. Other Experience: Congressional Page, U.S. House of Representatives, Washington, D.C.,

3 ONE JUDGE S VIEW* *This outline is the printout of a computer slide presentation to be presented at the State Bar of Texas Advanced Business Bankruptcy Seminar on May 18, These points are intended to be discussion points for a panel discussion by judges. The outline was prepared by Bankruptcy Judge Wesley Steen, and represent his views. The other judges on the panel might, or might not, agree with these points. The points are intended to be slightly provocative and slightly vague. Obviously these points do not involve fine legal distinctions and analyses of abstruse legal concepts. One of the points of this outline is that you can improve your practice before the bankruptcy court while you are resting from that other, really hard legal work. Sometimes we work so hard on the imponderables that we ignore the easy and obvious, but very important, things. The other main point is that perspective is everything. If you can understand how the judge views bankruptcy cases and bankruptcy practice, you can be more effective. Judges are different. These discussion points are intended to start a discussion that will allow you to understand what perspectives are common and what perspectives are different, among the judges.

4 10. Understand my Agenda 1. Lots of tough decisions, every day 2. I want to a. Be Fair b. Be Prompt c. Be Decisive d. Be Correct e. NOT do something stupid f. Move on to the next question 9. Be Courteous and Cooperative 1. To opposing counsel a. Including the U.S. Trustee b. Including government lawyers 2. To the clerks of court 3. Sarcasm is NOT GOOD Improving A Business Bankruptcy Practice Without Breaking a Sweat Ten Suggestions 8. Maintain credibility and integrity 1. Don t try to slip one by a. If you have an extraordinary, killer, clause in an order, tell me BEFORE you ask me to sign it 2. You are not required to settle every issue, but don t pretend that you re going go the Supreme Court every time that I rule against you. 3. In close issues, don t pretend that only a complete idiot would rule against you. 7. Communicate appropriately with my case manager 1. If you know that an emergency is coming, let my case manager know 2. If you have settled, let the case manager know a. Better yet, file appropriate pleadings timely 3. Don t ask How does the Judge want this? 4. Do not write letters to me or to my case manager 6. Be Reasonable 1. First day orders a. Creditors Don t be surprised if the Debtor gets an interim order to use cash collateral b. Fight over the final order, not the first day order 2. Be thoughtful and straightforward in picking your fights a. Don t try to impress me, your client, or opposing counsel with how competitive and aggressive you can be over minor stuff b. Don t fight over attorneys fees to disable your opponent in fights over the issues

5 5. Attention to Detail 1. Sign and date your pleadings 2. Assure that your attachments are attached 3. Comply with the local rules 4. Sign, date, and file proofs of service 5. Learn how to serve the U.S. and do it right 6. Be prepared for trial a. Exhibits ready b. Witness and exhibit lists exchanged 7. Proofread, then give to a colleague to proofread 4. Keep it Simple 1. Avoid long, verbose pleadings and especially avoid long, complex orders a. Avoid orders on reduced notice that are long, complex, and give your client overwhelming advantages 2. In small cases, don t use megacase templates a. Don t define terms that don t apply to your case b. Don t use complex class definitions for simple classes c. Etc. 3. Learn the local rules, culture 1. Read the local rules 2. Get local counsel 3. Read the local rules 4. Ask the case manager when in doubt 5. Read the local rules 6. Don t use my clerk as your associate 7. Read the local rules 2. Avoid emergencies 1. Notice and an opportunity to be heard are GOOD 2. Requesting emergency consideration is NOT GOOD 3. Disrupting orderly scheduling of the judge s time is NOT GOOD 4. Frequent requests for emergency consideration is VERY BAD 1. Think Business, Not Just Law 1. Debtors the goal is a surviving business, not an elegant, but unrelistic Plan a. Analyze financial reality, not just what management/equity dreams and wants b. Produce a disclosure statement that includes realistic projections of financial performance, not just long legalese explaining the chapter 11 process and cramdown 2. Creditors the goal is how many dollars your client can get, not whether you can dream up a theory to defeat cramdown.