Consumer

In many bankruptcy cases, unhappy creditors look for someone to blame — and for a source of recovery when the debtors’ assets are not sufficient. Claims against directors and officers — often alleging conflicts of interest or second-guessing business judgments — can serve both purposes, and the existence of insurance coverage makes these claims even more attractive. This panel will discuss D&O claims from both the estates' and defendants’ perspectives, and will review recent case law you need to know about if you are involved in a D&O litigation.

This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.

This session covers a number of recent confirmation hot topics, including structured dismissals and the absolute priority rule (In re Jevic Holding Corp.), interpretation of the Trust Indenture Act (Marblegate Asset Management v. Education Management Corp.), frontloading notice in prepacks (In re Roust Corp.), permissibility of nonconsensual third-party releases (In re Millennium Lab Holdings II LLC), and cross-border confirmations (Nortel Networks).

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

This session will provide an in-depth look at recognizing these types of claims and determining when and how to file the actions.

This session will present an in-depth analysis of the interplay among tax law, liquidation and bankruptcy. The panelists will examine some of the tax traps that exist for an individual when business obligations remain unpaid in a closure or bankruptcy, as well as how to use an insolvency defense to defeat phantom K-1 and 1099 income.

This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be estopped from challenging a claim, and when you should ask for relief to return to state court.

This panel will present a detailed look at filing foreclosures, state law defenses and post-judgment foreclosure matters, and when to file bankruptcy in the process.

Join Hon. Eugene R. Wedoff (ret.), ABI President and member of the ABI Commission on Consumer Bankruptcy, for a discussion of the Commission’s recommendations for improving the consumer bankruptcy system within the existing structure. Attendees will have the opportunity to offer ideas and feedback on key issues, in advance of the Commission’s December 2018 release of its recommendations. To learn more about the ABI Commission on Consumer Bankruptcy, visit consumercommission.abi.org.

This panel will discuss means of improving the chapter 13 process, including how to reduce abuses and thereby accelerate chapter 13 cases, as well as the new Rule amendments going into effect Dec. 1, 2017, and will contrast plans under chapters 11 and 13.