2015 Central States Bankruptcy Workshop

Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.

Discussion of restaurant/franchise business reorganization issues.

Does the absolute priority rule still require absolute priority?; protecting stock transfers from avoidance actions through the use of 11 U.S.C. § 546(e); implications of the Dodd-Frank Act; substantive consolidation; liquidating Chapter 11s: potential conflicts of interest when unsecured creditors’ committee is the liquidating agent; credit-bidding issues.

Amendments to Fed. R. Bankr. P. 3001; payment of tax claims; if a debtor surrenders real property post-confirmation in a Chapter 13 case, can the creditor file a deficiency claim and be paid under the Chapter 13 plan?; treatment of claims for ongoing condominium dues that accrue post-petition in a Chapter 13 when the debtor proposes to surrender the collateral.

11 U.S.C. § 522(d)(12) exemptions IRAs, retirement accounts opened prior to filing; undisclosed assets: circumstances can debtors amend schedules to exempt undisclosed assets?

Municipalities and local government agencies have been forced to slash budgets during the recession. What can these entities do to restructure? Issues to be discussed include the reasons for municipal restructurings, eligible entities, restructuring options, state law remedies, and pension and legacy liabilities.