Since most debtors default in chapter 13 plans before they reach completion, are modifications needed to the law's rehabilitation goals? Pro: Hon. Pamela Pepper Con: Catherine Peek McEwen Should the U.S. Trustee's enforcement role in chapter 11 cases yield to creditor preferences? Pro: Robert M. Fishman Con: Clifford J. White, III Do creditors' committees serve a useful purpose in cases where the debtor's assets are overly encumbered and the amount of unsecured claims is a fraction of the amount of secured debt? Pro: Robert J. Feinstein Con: Jay M. Goffman
Business Track-Fraudulent Conveyance Litigation from Soup to Nuts
This program will present a mock hearing involving the myriad procedural and substantive issues associated with fraudulent-conveyance litigation brought by an estate representative, including Stern v. Marshall jurisdictional issues, Twombly and Iqbal and other issues.
Bench:
Hon. Joy Flowers Conti
U.S. District Court (W.D. Pa.); Pittsburgh
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Hon. Barry Russell
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Litigants:
David M. Stern
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
David B. Wheeler
Moore & Van Allen, PLLC; Charleston, S.C.
Business Track - Pushing the Envelope
This program will feature a discussion of the aggressive provisions that debtor's, lender's and buyer's counsel have been trying to insert into DIP orders, sale orders and confirmation orders.
Consumer Track - From Infants to Toddlers: Bankruptcy Rules 3001 and 3002.1 Experience First-Year Growing Pains
Bankruptcy Rules 3001 and 3002.1 turn one year old on Dec. 1, 2012. The panel will explore the cases that have arisen over the past year and look ahead to as-yet-unresolved issues.
Consumer Track - The National Mortgage Settlement: How Will It Affect Consumer Bankruptcy Cases?
Although the impetus for the $25 billion settlement was robosigning issues in foreclosure cases, many of its provisions affect residential mortgage loans in consumer bankruptcy cases. The panel will discuss the terms of the consent judgment, which will impact the handling of home loans by debtors, the affected servicers, the USTP and the bankruptcy courts.