No CLE

Practitioners are constantly looking for ways to expand, or limit, the ability of estate fiduciaries and creditors to avoid transfers. This panel will explore several cutting-edge issues with respect to fraudulent-transfer actions currently playing out in bankruptcy courts, including whether trustees may recover tuition payments by debtor-parents for the benefit of their adult children and the meaning of “reasonably equivalent value” under Section 548(A)(1)(b). The panel will explore opportunities to expand a trustee’s avoidance powers, including a trustee’s ability to stand in the shoes of the IRS and benefit from the 10-year look-back period, Ponzi scheme issues, and applying avoidance powers to foreign defendants. The speakers will also discuss whether silence is still golden in light of Husky International v. Ritz.

Practitioners are constantly looking for ways to expand, or limit, the ability of estate fiduciaries and creditors to avoid transfers. This panel will explore several cutting-edge issues with respect to fraudulent-transfer actions currently playing out in bankruptcy courts, including whether trustees may recover tuition payments by debtor-parents for the benefit of their adult children and the meaning of “reasonably equivalent value” under Section 548(A)(1)(b). The panel will explore opportunities to expand a trustee’s avoidance powers, including a trustee’s ability to stand in the shoes of the IRS and benefit from the 10-year look-back period, Ponzi scheme issues, and applying avoidance powers to foreign defendants. The speakers will also discuss whether silence is still golden in light of Husky International v. Ritz.

Bankruptcy lawyers are often times called upon to provide third-party opinion letters in financing and real estate transactions. This session covers opinion letters that are commonly requested of bankruptcy lawyers including non-consolidation and “authority to file” opinions. This session also covers best practices and potential pitfalls and liabilities when providing such opinions.

ABCs and state receiverships are not the only chapter 11 alternatives. With even middle-market companies having widely held and tradeable note instruments, the exchange offer provides an out-of-court alternative that, if successful, can provide most of the benefits of a confirmed chapter 11 plan, and if unsuccessful, can still provide the basis for a confirmable prepackaged plan. The panel will provide an introduction to exchange offers: the goals, mechanics and documents. The panel will also explore the current thinking on the short reach of the Trust Indenture Act in exchange offers after the Second Circuit Court of Appeals’ decision in Marblegate Asset Management vs. Education Management Corp. In addition, the panel will explore opportunities to use strict foreclosure and other consensual, or nonconsensual, workouts, wind-downs and liquidations to maximize value.

ABCs and state receiverships are not the only chapter 11 alternatives. With even middle-market companies having widely held and tradeable note instruments, the exchange offer provides an out-of-court alternative that, if successful, can provide most of the benefits of a confirmed chapter 11 plan, and if unsuccessful, can still provide the basis for a confirmable prepackaged plan. The panel will provide an introduction to exchange offers: the goals, mechanics and documents. The panel will also explore the current thinking on the short reach of the Trust Indenture Act in exchange offers after the Second Circuit Court of Appeals’ decision in Marblegate Asset Management vs. Education Management Corp. In addition, the panel will explore opportunities to use strict foreclosure and other consensual, or nonconsensual, workouts, wind-downs and liquidations to maximize value.

The same circumstances that lead debtors to bankruptcy often give rise to claims under various consumer-protection statutes. The Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Consumer Financial Protection Bureau’s mortgage-servicing rules, and similar consumer-protection rules and statutes can have substantial impacts on the creditor/debtor relationship. Whether you represent business or consumer debtors, creditors, or estate fiduciaries, an understanding of how consumer-protection statutes intersect with bankruptcy will help you deal with the opportunities and challenges that your clients might face when bankruptcy and consumer-protection laws meet. The panelists will discuss practical implications of the common intersection of consumer-protection statutes and bankruptcy.

The same circumstances that lead debtors to bankruptcy often give rise to claims under various consumer-protection statutes. The Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Consumer Financial Protection Bureau’s mortgage-servicing rules, and similar consumer-protection rules and statutes can have substantial impacts on the creditor/debtor relationship. Whether you represent business or consumer debtors, creditors, or estate fiduciaries, an understanding of how consumer-protection statutes intersect with bankruptcy will help you deal with the opportunities and challenges that your clients might face when bankruptcy and consumer-protection laws meet. The panelists will discuss practical implications of the common intersection of consumer-protection statutes and bankruptcy.