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2015 Midwestern Bankruptcy Institute and Consumer Forum

Developing a Successful Bankruptcy Practice

This panel will discuss what business development and office-management techniques have worked for them — with the understanding that everyone does things a little differently.

Mock Hearing: “I Don’t Have to Tell You That” — Evidentiary Privileges in Bankruptcy

In a series of vignettes, two litigants will argue motions to compel before the bankruptcy court that are designed to explore the various types of evidentiary privileges that arise in bankruptcy practice — including attorney/client privilege, joint-defense/common interest privilege, Fifth Amendment and spousal privilege — and how such privileges may be inadvertently waived.

How to Do a Critical Review of Financial Statements and Tax Returns: What You Don’t Know Can Hurt Your Client

This panel will explain how to critically review tax returns and financial statements and address the issues and items a bankruptcy lawyer representing a debtor or creditor (both for consumer and business cases) should look for when reviewing financial statements and tax returns.

Asset Sale Alternatives in the Health Care Space: § 363 and Beyond

Selling financially distressed hospitals, nursing homes, senior living centers and other health care providers, including acute care hospitals, critical-access hospitals and continuing care retirement centers, presents many unique challenges not found in most “typical” bankruptcy cases. Identifying these important differences, and executing plans to deal with them, can make the difference between preserving the enterprise and being forced to liquidate. Legal, financial, political and regulatory traps abound. This panel will provide an overview of these considerations and highlight how to address these matters in relation to their particular significance within the Midwest region.

Representing Creditors in Wilmington and Manhattan: A Roadmap for the Midwest Practitioner for Litigating in America’s Busiest Bankruptcy Courts

Any Midwest attorney is likely to represent a client in Delaware or the S.D.N.Y. at some point. For example, you're likely to have clients facing claims litigation, trying to preserve executory contact or lease rights, or facing a preference complaint. Would you like a crash course in representing your clients in these districts and practice like you have years of experience in front of these courts? If so, please join us for a program that will cover the most common situations a Midwest attorney might encounter. You’ll learn practice pointers, traps for the unwary and other rules (both black-letter and unwritten practices). This program will give you an edge when representing your clients in S.D.N.Y./Delaware cases and will assist you in delivering value, bringing home good results — and keeping your clients happy.

This Isn’t Hide and Go Seek: Disclosure Issues in Consumer Bankruptcy Cases

What happens when there is a failure of disclosure in consumer cases? This panel will cover current disclosure requirements, client intake tips regarding disclosure, and the ramifications of failing to disclose (i.e., denial of discharge, bad-faith dismissal, judicial estoppel, criminal prosecution, etc.).