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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.
Agricultural and Chapter 12 Issues
This panel will cover the unique issues faced by debtors and creditors when navigating financial distress and reorganization in the family farming and agricultural industry. In particular, the panelists will discuss current economic forces and filing trends, the material differences between chapter 12 and other forms of reorganization and how these differences guide a debtor’s filing decision, non-bankruptcy federal and state law governing lien creation, perfection and priority, and asset-tracing and uncovering fraud.Learning Objectives:Attendees will understand the eligibility requirements and key statutory features of Chapter 12, including the application of "family farmer" definitions.Attendees will analyze plan feasibility in Chapter 12 cases in light of commodity price volatility, rising input costs, and changing interest rates.Attendees will evaluate the treatment of secured claims and recent case law developments, and identify practical strategies for representing both debtors and agricultural lenders.
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