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Nobody Likes to Face Rejection: Recent Issues Regarding Executory Contracts
Hosted by the Business Reorganization and Unsecured Trade Creditors Committees
This session will focus on recent case law developments in the area of executory contracts. The panelists will discuss issues concerning gathering agreements and the Sabine Oil decision, collective bargaining agreements, telecommunication agreements and more.
Discovery Issues: A Primer and Recent Developments
This panel will focus on the uses and limits of Bankruptcy Rule 2004 discovery, including e-discovery pointers, the impact of the latest amendments, jurisdictional and scope (“fishing expedition”) limits on discovery, keeping results confidential, using Rule 2004 examination transcripts in later proceedings, and various “nuts and bolts” practice points. The discussion will be based on a fact pattern presenting these various issues.
Consumer: How to Minimize Your Consumer Practice Malpractice Risk
From your first contact with your client until the entry of a discharge order and the closing of the case, risks for consumer malpractice claims abound. This panel will focus on minimizing those risks, including properly engaging the client, effectively gathering the information necessary to adequately comply with the myriad requirements and disclosures necessary to successfully commence and conclude a consumer bankruptcy case, and guarding against other hazards that could create problems for your client and for you.
RSAs: The Best Strategies
This panel will discuss threshold considerations, risks and benefits of, and in-court and
out-of-court strategies for entering into, an RSA from the perspectives of the debtor and the
fulcrum creditor, as well as other key constituents. We will also survey outcomes in recent
cases that were commenced with RSAs in place.
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