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First-Day Motions for Young Practitioners
This panel will provide newer attorneys with a practical overview of first-day motions in chapter 11 cases, covering the essential relief debtors typically seek at the outset of a bankruptcy filing and offering guidance on how to effectively prepare, organize and present these critical early-case pleadings.Learning Objectives:Attendees will identify the key types of first day motions commonly filed in Chapter 11 cases and understand the relief typically sought at the outset of a bankruptcy proceeding.Attendees will evaluate best practices for preparing and organizing first day pleadings to effectively support debtor needs in the early stages of a case.Attendees will assess practical strategies for presenting first day motions in a clear and persuasive manner before the court.
Subchapter V Panel
This session will explore how subchapter V operates in practice, with a focus on eligibility and debt limits, plan confirmation requirements, and the critical role of trustees. The panelists will discuss recent legal developments shaping the evolving landscape of small business reorganization, and provide practical strategies for navigating these changes effectively.Learning Objectives:Attendees will identify the current debt eligibility requirements for Subchapter V, analyze key ambiguities in plan confirmation (including, for instance the treatment of vacant classes, the three-to-five year disposable income commitment, and the availability of discharge for corporate entity debtors). Participants should come away with tools to apply that knowledge to advise small business clients considering reorganization and help participants recognize circumstances where their clients may be eligible.Attendees will assess current empirical data on Subchapter V confirmation rates and repeat filings, identify best practices for quality filings and effective use of local court forms, and understand the unique challenges presented by pro se debtors in the Subchapter V context.
Crypto 2.0
The crypto crash of 2022 resulted in multiple chapter 11 cases, yielded both substantial losses and unexpected recoveries for market participants, and created an array of legal precedents in an area where none previously existed. With markets in turmoil, could another crash lie ahead? This panel will look back at key issues in the 2022 wave of cases, and will speculate as to how those and related issues might play out in the next wave of cryptocurrency filings against the backdrop of market, regulatory and legislative developments.Learning Objectives:Revisit and reevaluate how key insolvency issues were addressed and resolved in the wave of cryptocurrency chapter 11 cases that commenced in 2022.Evaluate how the crypto world is changing, both on the business/financial and legal side. New players and evolving expectations will be discussed.Engage in informed speculation as to how the same set of issues might be addressed/resolved in future cryptocurrency chapter 11 cases, particularly in light of recently enacted and pending legislation and regulation.
Fraud "Back in Style Again"
In recent years, market dynamics have led to the emergence of schemes that are less sophisticated than the fraud cases of the early 2000s, but more pervasive in their reach into the capital markets. This panel will explore today's new wave of fraud cases, and will examine emerging trends, remedies and resolution mechanisms in recent cases in a point/counterpoint format.Learning ObjectivesAttendees will analyze emerging trends in modern fraud cases and how recent market dynamics have contributed to more pervasive fraudulent schemes in the capital markets.Attendees will evaluate how current fraud patterns differ from earlier high-profile cases and what this means for detection, enforcement, and case strategy.Attendees will assess available remedies and resolution mechanisms for addressing contemporary fraud cases through a point-counterpoint examination of recent developments.
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