Consumer

Sponsored by ABI's Consumer Bankruptcy Committee It is commonly understood that student loans are nearly impossible to discharge in bankruptcy. The standard has become mythical — akin to a “certainty of hopelessness.” Are the Brunner and totality-of-the-circumstances tests realistic standards? If not, what should legislators consider as an alternative? Will successful litigation break the mythical standard, and what could that look like? The prevalence of these cases is increasing every day, as courts are asked more often to evaluate the appropriateness of, and apply, these impossible standards. Simultaneously, the total amount of U.S. student loan debt continues to accelerate toward $2 trillion. Join ABI’s Consumer Committee as two consumer bankruptcy experts, Ed Boltz and Ray Hendren, debate what can — and should — come next.

This session will cover one-day cases and the impact of the extraordinary and unforeseen changes in the economy. Are death-trap plans permissible or bad faith? The panelists will also discuss feasibility in a post-COVID world and RSAs.

The panelists will continue the conversation on confirmation by examining judicial vs. market valuation, valuation in light of Speedcast Int’l., equitable mootness, exclusivity termination, and the latest developments in § 363 sales.

The panelists will compare the leniency of bankruptcy courts vs. state courts in regard to real estate, including their flexibility on assumption/rejection and delayed rent payments, and the resulting impact on commercial properties and law firms, as well as adequate protection. The implications of the Fulton decision will also be discussed.

NO CLE Lunch with the judges and faculty from the morning’s panels, with new facilitators leading the discussions. Sponsored by BakerHostetler and Pachulski Stang Ziehl & Jones Confirmation: Brave New World? Damian S. Schaible Davis Polk & Wardwell LLP; New York Confirmation: The Rest of the Story Dan T. Moss Jones Day; Washington, D.C. The Changing Real Estate Landscape Lorenzo Marinuzzi Morrison & Foerster LLP; New York

NO CLE Norman N. Kinel, Moderator Squire Patton Boggs; New York Resolved: The Bankruptcy Code impliedly repeals the Federal Arbitration Act with respect to disputes regarding the allowance of claims against a bankruptcy estate. Pro: Hon. Ashely M. Chan U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Con: Hon. Eric L. Frank U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Resolved: A chapter 11 plan of reorganization may lawfully release the liability of a third party for its own tortious conduct without the consent of the creditor whose claim is being released. Pro: Hon. Janet E. Bostwick U.S. Bankruptcy Court (D. Mass.); Boston Con: Hon. Frank J. Bailey U.S. Bankruptcy Court (D. Mass.); Boston

This session will focus on several of the Model Rules of Professional Conduct, including 4.1 (Truthfulness to Others), 7.1 (Communications Concerning Lawyer’s Services) and 8.4 (Misconduct). The panelists will address compensation and diversity in U.S. law firms and the elimination of bias; the importance of diversity and inclusion regarding creativity and innovation, the correlation with financial performance, and improving the workplace and client relationships; and ways in which law firms can actively combat unconscious bias and make retention of diverse talent a priority. The Neiman Marcus case will be discussed.

This panel will cover the ins-and-outs of nondischargeability, discharge injunction violations and how to avoid them and the recent BofA sanctions.

This panel will discuss options and issues surrounding distressed shopping centers, retail spaces, apartments, office buildings, and other distressed real estate assets, plus proactive planning for distressed real estate assets.

The Judges Roundtable will provide opportunities for discussion and interaction with our exciting panel of judges from around the country. Participants can engage in a small group format on the following three topics: (1) What happens when the various COVID moratoria on enforcement end; (2) who gets the benefit of post-petition appreciation of an asset when a case converts from chapter 13 to chapter 7; and (3) measuring the success of the Small Business Reorganization Act of 2019.