abiLIVE Webinars

ABI’s panel of experts will discuss the ethical and compensation issues that can arise while representing chapter 7 and 13 debtors as well as individual chapter 11 debtors. Topics covered include client fraud and an attorney’s duty to verify client information, attorney fee structures, and complex issues in individual chapter 11 cases. The panel includes perspectives from the attorneys and trustees, as well as the academic reporter for the ABI Ethics Task Force.

The new U.S. Trustee Fee Guidelines will affect all attorneys and firms who work on larger chapter 11 cases filed on or after November 1st. ABI's panel of experts, including the Director of the EOUST, will discuss some of the ways the new guidelines may change day-to-day operations in firms, issues relating to the new market rate benchmarks, and how these changes might alter insolvency practice. Register today to hear government, attorney and academic perspectives on this important and timely topic.

Utilizing a case study, ABI's panel of experts will explore issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility, and voting. The panel will also walk attendees through the necessary mathematical analysis used to analyze these issues.

Class action lawsuits in both chapter 11 and 13 cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know what the best defenses are against class certification? ABI's panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies in chapter 11 cases and by debtors/trustees against creditors in chapter 13 cases by highlighting recent appellate and bankruptcy court decisions.

There is now more than $1 trillion in nationwide student loan debt, and the numbers are rising. Make sure that you are armed with the latest information about the laws relating to this usually nondischargeable debt, and learn more about federal programs aimed at helping consumers consolidate and even forgive the debt. ABI’s panel of experts will provide an overview of the student loan industry, examine the numbers behind and causes of student loan debt, and discuss federal loan programs as well as federal consolidation and forgiveness programs. You will not want to miss this timely session!

A panel of experts discuss environmental and pension liabilities, the statutory schemes under which these liabilities arise and the key players involved. Are non-monetary environmental claims dischargeable? Do post-petition expenditures for environmental cleanup constitute administrative expenses? When can an employer terminate a pension plan in bankruptcy, what is the process and what are the consequences?

A panel of experts will summarize and discuss the legal impact and practical implications of the Supreme Court’s 2012 decisions in Radlax and Hall. How does Radlax impact sale plans? Why does the Hall decision make asset sales more problematic and what is its broader impact? What do these cases tell us about how to brief and argue bankruptcy appeals? Hear ABI’s panel of experts’ insights into these significant cases.

A panel discussion of recent opinions, including In re Dynegy Holdings, Tribune and Heritage Highgate Inc., and their effect on examiner and plan confirmation issues. Issues to be discussed include: Examiner Issues including when directors and officers may be liable for restructuring, made especially relevant in In re Dynegy Holdings, and the Examiner's Report issued on March 9, 2012. Other cases to be discussed include Lyondell Chemical Co., Washington Mutual, Lehman Brothers. Select Plan Confirmation Issues including: a. Competing plans, noteholder classification, enforceability of inter-creditor agreements, made relevant in Tribune. b. Elimination of junior liens and valuation issues at plan confirmation, made relevant by the Third Circuit’s recent decision in Heritage Highgate Inc. Participants: Richard J. Corbi, Moderator Lowenstein Sandler PC; New York Eric D. Winston Quinn Emanuel Urquhart & Sullivan LLP; Los Angeles David M. LeMay Chadbourne & Parke LLP; New York Michael J. Viscount Fox Rothschild LLP; Atlantic City, N.J. W. Joshua Brant Cadwalader, Wickersham & Taft LLP; New York

When is an individual Chapter 11 a better fit for your client? Think through an individual Chapter 11 plan and spot critical issues that can lead to success. A panel of experienced individual Chapter 11 practitioners will guide you, step by step, through a successful individual Chapter 11 case, and discuss problematic issues and solutions you can implement in your individual Chapter 11. Topics include: · Creating a budget on your schedules · Calculating your plan · Working with the US Trustee’s office · Tax issues · Application of the absolute priority rule · “Deemed” voting · “Reasonable and necessary” expenses · Addressing secured mortgage debts in the plan

ABI Labor and Employment Committee Webinar – a panel discussion of recent developments in several large complex bankruptcy cases, including Hostess, Kodak, Nortel and American Airlines.