Free Sessions (no CLE)

Debtors frequently emerge from bankruptcy still burdened by a burgeoning student loan debt. A private “loan for an educational benefit” can limit the fresh start many debtors need is increasingly being used to test the nondischargeability of might have once been general unsecured claims. This panel will discuss the emerging issues and case law surrounding nondischargeability, as well as strategies for maximizing the benefits of the bankruptcy system for struggling debtors.

Even before the first discussion in Newport at the 2011 ABI Consumer Forum, practitioners have experienced the difficulties inherent with managing a client with a mental illness or impairment. There can be even more challenges to managing any client matter when an opposing party suffers from a mental illness, especially when that party is self-represented. This panel of experienced practitioners and mental health professionals will discuss the evolving legal and practical issues surrounding mental illness and its impact on the bankruptcy system, as well as discuss methods of remaining calm in what can be an unpredictable and increasingly unavoidable storm.

Homeowners and their creditors continue to face variety of emerging challenges in bankruptcy cases. What rights do lien holders have when only one of the obligors files bankruptcy? What potential issues await all owners after only one receives a discharge? Can a debtor modify a mortgage loan without reaffirming the debt, and if not, what are the considerations for all parties? This panel of experienced debtor and creditor attorneys will explore the many obstacles that complicate the goal of preserving a debtor’s interest in real estate and maximizing the return for secured creditors, as well as potential options and considerations for those seeking the relief they need.

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.

This panel will explore issues that arise during the operation of commercial chapter 7 cases and how they are being addressed by bankruptcy judges, trustees and attorneys.

This panel will focus on the twists, turns and strategic, tactical and litigation considerations that arise in 363 sales of substantially all of a chapter 11 debtor’s business assets, including the special challenges posed by the sale of a professional services firm.

This panel will discuss recent trends and views on various issues that arise in an out-of-court workout, as well as various strategies that can be employed in a bankruptcy case—all from the lender’s perspective. The panel will also explore the latest developments in DIP financing.

This panel will explore the basics of chapter 11 cases through the lenses of bankruptcy judges, U.S. Trustees, debtor's counsel, unsecured creditors’ committees and individual creditors. There will also be a particular focus on litigation strategies and skills, as chapter 11 filings continue to be more sale-oriented, resulting in a greater emphasis on claims and avoidance litigation.

This panel will discuss examples of when and how t use valuation opinions and expertise, and the fee structure pitfalls that can impact credibility. When is it appropriate (if ever) to use success fees for valuation opinions.