Free Sessions (no CLE)

As the elderly population continues to grow, the intersection between bankruptcy and elder law will continue to grow with it. This session will focus on issues unique to elder law and the various considerations every consumer practitioner should know when these two very unique areas of law intersect.

A seldom-used, and even lesser-understood, provision of the Bankruptcy Code, the 1111(b) election can provide substantial leverage to a secured creditor in a bankruptcy case. This session will detail what the election is and why — as either a creditors’ or debtors’ attorney — you should understand the ramifications it can have on your case.

This session will discuss the difficulties in representing a corporate client, including issues that arise when there is a conflict between what is in the best interest of the company versus the personal interests of the officers and directors, especially in an insolvency situation.

This ethics session will discuss the various disclosure obligations that exist in consumer cases.

Section 363 sales have become a widely accepted, if not preferred, method of monetizing the assets of a debtor in chapter 11 bankruptcy. This expert panel will discuss the hot and emerging topics related to § 363 sales.

In an informative and fun game show format, this panel will present a whole host of valuation issues that arise in bankruptcy.

John Hutton and Henry Jaffe will discuss the recent Second Circuit successor liability decision in the General Motors case, which reversed the decision of the bankruptcy court, and exposed “New GM” to successor liability claims by various categories of plaintiffs who sustained (largely economic) injuries prior to the sale as a result of the ignition switch defect, but did not receive actual notice of the sale. The presenters will discuss the main issues and arguments presented and addressed in the GM successor liability decision, and will discussing the potential impact of the Second Circuit’s ruling. Such issues include: (1) notice/due process (and remedies related thereto), (2) the requirement to show prejudice, and the Second Circuit’s treatment of the prejudice issue; (3) the ability to sell free and clear of in personal liabilities; and (4) equitable mootness.

This session will provide guidance on how to frame your argument, avoid jargon, provide the appropriate statutory framework and strengthen your case when presenting arguments before nonbankruptcy judges.