Skip to main content

No CLE

Structured and Innovative Financing

This panel explores how structured financing, bankruptcy-remote structures and DIP mechanisms adapt to Latin American markets. The panelists discuss challenges in creating lender confidence and ensuring enforceable collateral.

Student Loans

This panel explains the Department of Education/Department of Justice Guidance and Attestation process, and discusses the Brunner test and the types of evidence that might be useful to support the statements in an Attestation.

Subchapter V Updates and Experiences

This panel will provide a focused look at critical developments in subchapter V practice, including fair and equitable treatment in plan confirmation, eligibility to file, and the expanding role of subchapter V trustees. The panelists will also address post-confirmation issues such as asset sales, plan defaults, vesting and drafting strategies to manage risks and improve outcomes. Attendees will gain practical insights for navigating subchapter V cases more effectively from start to finish. 

Tax Pitfalls: Considerations for the Prudent Practitioner - Consumer Track

This panel canvasses practical tax-related considerations for consumer attorneys to help you avoid common pitfalls, including the impact of tax issues on the timing of filing, dischargeability, asset administration and exemptions; a survey of trust fund taxes, what they are, how they differ across the states, and what they mean for individual liability; the responsibilities of chapter 13 debtors from a tax perspective; and negotiating with taxing authorities.

The Fair-and-Equitable Standard in Subchapter V: Avoiding or Navigating a Contested Confirmation

Join this accomplished panel of subchapter V trustees, financial advisors and one inquisitive judge as they discuss emerging trends related to the fair-and-equitable standard, including post-confirmation expenses (anticipated and otherwise), fluctuations in income, and other variables in the context of nonconsensual plans. This session emphasizes the critical role of financial advisers and subchapter V trustees with respect to a debtor's projected disposable income, as well as the creative financial alternatives that can be considered to fairly account for post-confirmation uncertainties.
1 hour 3 minutes 42 seconds

The Head-On Collision of 23andMe and Data Privacy

As data privacy concerns grow more urgent, bankruptcy professionals must be prepared to confront the unique challenges that arise when companies holding sensitive consumer data (like genetic information) enter financial distress. This panel will use the high-profile case of 23andMe as a launching point to explore the intersection of data privacy laws and bankruptcy practice. The panelists then will examine the heightened risks and responsibilities for debtors, creditors and trustees handling data-heavy assets in restructuring and liquidation scenarios. 

The Importance of Direct vs. Derivative Claims in Bankruptcy

This panel explores ways in which practitioners are avoiding the direct impact of Purdue by seeking to release only derivative claims. The panelists analyze the direct/derivative distinction more broadly by discussing its impact on what constitutes property of the estate, whether pursuit of a derivative claim violates the stay, and what claims an estate fiduciary has the power to bring under § 544, and discusses the Whittaker, Clark & Daniels decision.
59 minutes 51 seconds