2016 Southeast Bankruptcy Conference

This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.

This panel will discuss why experts are needed for cramdown analysis and other plan-confirmation issues raised by the Supreme Court’s decision in Till, including how to identify, select, prepare and present experts on Till confirmation issues.

This panel, which includes a bankruptcy judge, experienced litigators, and an expert witness, will explore through a mock trial various evidentiary issues that routinely arise in trials in bankruptcy court.

This panel will provide updates on the law and suggest the necessary tools for your consumer tax toolbox, in particular chapter 7 vs. chapter 13, what happens to IRS claims after discharge, offers in compromise, when creditors can send a 1099, whether a debtor can ask a creditor not to send 1099 as part of a settlement; and other thorny tax issues frequently facing consumer bankruptcy lawyers.

This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.

This panel will discuss the increasingly prevalent use of receiverships under state and federal law by lenders to distressed companies as an alternative to bankruptcy. But the two schemes are not mutually exclusive, and sometimes they collide. The panel will explore the various legal and practical differences, benefits and disadvantages of receiverships vs. bankruptcy, and issues that arise when the two meet.

Health care bankruptcy filings went up 38 percent between 2010-14. This panel will examine current issues facing the health care industry and the intersection of health care law and bankruptcy. Topics will include 363 sales, reorganization, issues related to provider agreements, regulatory issues and health care ombudsmen.

Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.

Once again, dear fans, Boris Badenough is involved in a hot chapter 11 case — this time involving Time & Lord, the owner of a failed movie franchise, “Fat Contests” (based on the book of the same name about an eat-to-the-death contest involving ordinary citizens in a future ruled by junk-food companies). Boris’s wife, Sophia, has been retained by Dallick Capital, the debtor’s investment banker, to handle the sale of the debtor’s intellectual property. However, Tardis Industries, a potential purchaser and creditor, has a problem with Dallick’s disclosure related to Sophia in its employment application. Further, the debtor’s lead counsel, Ciber & Mann PSC, may also have some disclosure issues as one of Boris’ subsidiaries, Master Industries, is one of their clients — and Boris is now interested in buying the debtor’s intellectual property. Will Sophia remain true to her fiduciary duty to her client, or will she give Boris the deal of the century, and will everyone give disclosure a chance?

This panel consists of debtor and creditor lawyers who will debate current problematic issues in chapter 11 cases filed by individuals, including the absolute priority rule and challenges to the lifestyles of wealthy debtors.