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Current Issues in Bankruptcy Litigation
This program will include discussion of a series of issues that arise in adversary proceedings. They will include Merchant Cash Advance Chapter 5 litigation; trustees attempted 10 year IRS statute of limitations use in section 544 actions; license issues on contested sales (Lubrizol); jurisdiction in international cases). This program is designed for lawyers with beginner level experience in adversary proceedings.
ABI-Live: Let’s Make a Deal: Negotiating the Asset Purchase Agreement in Bankruptcy
Bankruptcy sales differ in many respects from non-bankruptcy sales. This webinar highlights some of the unique provisions in the asset purchase agreement that may vary between a bankruptcy and non-bankruptcy sale that practitioners should be aware of when drafting and negotiating in the context of a bankruptcy sale, including, for example, applicability of covenants, conditions, indemnities and hold-backs.
ABI-Live: It’s Never Really Over, Even When It’s Over: Analyzing The Limits Of Bankruptcy Jurisdiction
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Although Congress expanded the power of the bankruptcy courts to decide matters that were “related to” bankruptcy cases four decades ago, the United States Supreme Court’s decisions in Stern and Wellness have created uncertainty about bankruptcy court jurisdiction with which lower courts still struggle, and any litigator handling ancillary matters that relate to bankruptcy estates must understand and analyze jurisdictional strategies for the benefit of their clients. The webinar's panelists will discuss key issues regarding the limitations of bankruptcy jurisdiction, which may include frequently litigated issues concerning “related to” jurisdiction, consent for the bankruptcy court to issue final orders, the bankruptcy court’s power to enjoin litigation against nondebtors, the impact of jury demands, standards and strategies in withdrawing the reference of matters from the district court, and issues concerning the appellate process. Recent case of interest will be discussed.
ABI-Live: Hot Issues in the Ongoing Third Party Release Debates
Hosted by the Business Reorganization & Unsecured Trade Creditors Committees
This webinar will discuss various issues and recent developments regarding releases of non-debtors under chapter 11 plans. Issues for discussion will include differences among the Circuits regarding the availability of and standards applicable to such releases, potential jurisdictional and constitutional considerations regarding such releases, possible differences between chapter 11 and chapter 9 regarding this issue, the permissibility of using an “opt-out” approach for plan releases, and potential implications of the ever-broader definitional provisions delineating the scope of such releases.
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