No CLE

Resolved: Use of the phrase "with respect to the debtor" in 11 U.S.C. § 362(c)(3) makes this provision applicable to termination of the automatic stay only as it relates to actions against the debtor and property of the debtor; this provision does not terminate the stay as to actions against property of the estate. Resolved: Restrictions on a debtor’s authority to file bankruptcy should be enforced.

Resolved: A creditor in possession of a debtor’s collateral must surrender it to avoid a stay violation. Resolved: The legal test or application of the standard of disinterestedness should be changed.

They just keep filing! This panel will discuss strategies and issues for dealing with the struggling health care industry.

How do investors and lenders view the health care services industry? Investors will outline criteria for investing in deals, identify key trends and issues, and provide various return characteristics regarding their investments by type of investment. The lenders will outline their views of risk within the various sectors, outline their views of the current state of the market, provide general terms regarding their specific products, and provide a general overview of how their loans are performing. There also will be a focus on some of the more challenging sectors of the industry, particularly hospitals, senior housing and post-acute care. Finally, this panel will highlight the legal challenges in structuring a health care loan, how to attempt to isolate liabilities, and how to recover your money when you need to take legal action on account of defaults, including navigating complex regulations when dealing with patients, records and medical waste, as well as the complexities of a restructuring.

The panelists will discuss upstart pharma bankruptcies, increased filings by care facilities and hospitals, the financial condition of rural hospitals, consumer medical bills, and medical records in bankruptcies.

CEOs share their insights on the challenges facing the industry, the new innovations that will transform the industry, and how health care policy is expected to change, when it will change, what needs to change, and how politics plays into all of this!

This panel will analyze the instances over the last few years where creditors have brought challenges to estate professional fees, focusing on Pillowtex, retainers and other objections. How can professionals protect themselves when they are well into a case?

The panelists will discuss the findings of the ABI Commission on Consumer Bankruptcy, focusing on three areas of great interest to the Commission: (1) student loans; (2) how attorneys get paid; and (3) a “reserve fund” for chapter 13s so that debtors can save for unexpected emergency expenses.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.