No CLE

This presentation combines art and insolvency law to reveal fascinating insights into Dutch artist Rembrandt’s life (1606-69): his Amsterdam workshop, loves, real estate and art investing, fraudulent transfers and secret corporations, along with asset auctions and jurisdictional issues not seen since Stern v. Marshall.

This panel will discuss the retention issues under Section 327 v. 362, Jay Alix Protocol, and other retention topics.

Two sitting judges and a professor of bankruptcy law will offer an overview on the sources of authority for the issuance of sanctions and holding persons or entities in contempt, the nature of the remedies available, applicable standards and the appropriate procedures. The discussion will cover sanctions available under various provisions of the Bankruptcy Code and the Bankruptcy Rules, including Rule 9011, failure to make discovery and bankruptcy court authority to discipline counsel. Also discussed will be the court's sources of power of contempt, limitations on that power, and procedures the court should consider before exercising such power.

This panel will discuss post-petition financing issues, such as what it takes for a third party to prime a DIP and what should be allowed for controls by secured creditors via DIP financing cash-collateral orders, including case milestones. What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean)? Too much control, or simply adequate protection? § 1111(b) elections (Baker Hughes); adequate protection (Chardon); lien-stripping (Caulkett); credit bidding and other rights in connection with § 363 sales (Aerogroup); the recent credit bidding decision in Aeropostale; and the use of roll-ups.

This panel will discuss post-petition financing issues, such as what it takes for a third party to prime a DIP and what should be allowed for controls by secured creditors via DIP financing cash-collateral orders, including case milestones. What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean)? Too much control, or simply adequate protection? § 1111(b) elections (Baker Hughes); adequate protection (Chardon); lien-stripping (Caulkett); credit bidding and other rights in connection with § 363 sales (Aerogroup); the recent credit bidding decision in Aeropostale; and the use of roll-ups.

Our expert faculty will review the groundbreaking final report of the ABI Commission on Consumer Bankruptcy and the findings of its Subcommittee on Case Administration and the Estate.

Most health care businesses rely on Medicare, Medicaid and insurance company monies. As a result, understanding the reimbursement system is key to a business’s success or failure. Business leaders on the provider and managed-care side will discuss the rates and pressures on health care businesses, including in insurance company mergers/renegotiations of contracts, and the impact of hospital readmissions, fraud and ACOs. Other panelists will provide a detailed overview of the legal framework, structure and pitfalls of the reimbursement system, including regulatory dos and don’ts and how to keep the money flowing during a restructuring (whether in or outside of bankruptcy).

This panel will be led by a senior program analyst for the Law Assistance Program for the State Bar of California and will be an interactive discussion about how prevalent substance use and mental health issues are among attorneys, and how substance use and mental health issues impair an attorney’s ability to perform legal services competently. The panelists will also describe the signs and symptoms of substance abuse, addiction, depression, anxiety and stress, and provide information on lawyer-assistance programs and other resources.

Join this panel of experts from across the country as they discuss and analyze the latest issues and recent important bankruptcy and insolvency decisions from the Supreme Court, circuit courts of appeals and lower courts, and what issues could soon be addressed by the appellate courts.