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Valuation, Section 362 and Chapter 13
This Lunch and Learn session examines key issues arising in chapter 13 cases involving valuation disputes and the application of the automatic stay under § 362. The panelists discuss current case law, practical considerations for debtors and creditors, and strategic approaches to resolving contested valuation and stay-related matters.Learning Objectives:Attendees will interpret valuation principles commonly applied in Chapter 13 cases, including issues involving secured claims and collateral valuation disputes.Attendees will distinguish the scope and protections of the automatic stay under Section 362, including issues relating to stay relief and alleged stay violations.Attendees will formulate practical approaches for addressing and resolving valuation and Section 362 disputes in Chapter 13 proceedings.
Construction: Theft by Contractor Issues
This panel explores how theft by contractor claims intersects with nondischargeability actions, including fiduciary defalcation and fraud theories.Learning Objectives:Attendees will analyze theft by contractor claims in the construction context and assess how such claims give rise to nondischargeability litigation under the Bankruptcy Code.Attendees will evaluate the legal standards applicable to fiduciary defalcation, fraud, and related causes of action in contractor-debtor disputes.Attendees will examine litigation strategies, evidentiary considerations, and practical advocacy techniques used in prosecuting and defending theft by contractor nondischargeability actions.
Merchant Cash Advance Loans
This panel examines key issues related to the treatment of merchant cash advance loans in bankruptcy proceedings.Learning Objectives:Attendees will understand the structure of merchant cash advance (MCA) agreements and the circumstances inwhich they may be treated as loans in bankruptcy proceedings.Attendees will examine potential claims and defenses involving MCA finance companies, includingrecharacterization and avoidance theories.Attendees will analyze the treatment of MCA claims in bankruptcy cases, including issues of priority, enforceability, and evolving case law.
Attempted In-Court Liability Management Transactions
This panel will examine controversial in-court efforts to replicate liability management transaction tactics, including drop-down financings, priming structures and selective creditor treatment. Panelists will debate whether these strategies are consistent with the Bankruptcy Code or undermine fundamental creditor protections.Learning Objectives:Attendees will understand the structure and purpose of in-court liability management transactions, including drop-down financings, priming structures, and selective creditor treatment.Attendees will analyze the legal arguments for and against the permissibility of these strategies under the Bankruptcy Code.Attendees will evaluate the potential impact of these transactions on creditor rights and protections, and identify key considerations for practitioners navigating these issues.
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