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Third Party Litigation Funding and Issues It Creates in Bankruptcy Cases—This Ain't Your Father’s Contingency Fee Arrangement!
The panel will discuss myriad issues (including ethical issues) that have arisen, and will likely arise in the future, as the current trend of third party litigation funding begins to be a more common funding vehicle in bankruptcy cases.
Very Good Debates
Judicial Debate
Resolved: A debtor must obtain a judgment under chapter 5 of the Bankruptcy Code before it may invoke disallowance of a claim under section 502(d).
Business Debate
Resolved: Cure and reinstatement of a credit agreement under 1124(2) requires the payment of default interest.
Consumer Debate
Resolved: Flat fees that are earned upon receipt may not be recovered by chapter 7 trustee upon the rejection of the fee agreement.
Annual Case Law Update
This annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues, and is a must-attend for professionals to stay current on consumer bankruptcy law issues.
Values, Values, Values
Determinations of values are central to virtually every aspect of a consumer bankruptcy case. How should debtors value assets on their schedules? What should they rely on for value, and what is their attorney’s role and responsibility? When are appraisals needed? What weight is given to BPOs and tax statements? What can creditors and trustees do to challenge the debtor’s values? What quotient of evidence do debtors, creditors and trustees need to litigate the value of a creditor’s collateral, a residence in a chapter 13 lien-strip, or a contested abandonment of property in a chapter 7 case, a contested redemption or a contested exemption?
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