No CLE

This panel will discuss current litigation/case law on discharge injunction violations and remedies, including sanctions.

This panel will discuss pre-petition considerations, disposition of assets and conversion concerns at issue in individual chapter 11 cases.

Limited liability companies did not exist when the Bankruptcy Code was enacted. Case law related to LLCs and bankruptcy is conflicting and sometimes confusing. This panel will discuss the unique issues related to LLCs and bankruptcy law.

The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.

This session will consider what an attorney can do after receiving an adverse decision from the bankruptcy court, including strategic considerations, as well as the nuts-and-bolts procedures in deciding whether to appeal and in prosecuting an appeal. What decisions are appealable as final orders? What decisions require permission to appeal on an interlocutory basis? What are the applicable Federal Rules of Bankruptcy Procedure governing appeals, and what requirements do they impose? What is the standard of review for an appeal of an incorrect legal decision? What is the standard of review for an appeal of an incorrect factual finding? How and when can you obtain a stay of an adverse ruling pending the appeal? How do doctrines of jurisdiction, standing, mootness and ripeness apply to an appeal? What types of issues most frequently get appealed, and what rates of success are there?

Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees This panel will focus their discussion on the need for disinterested independent directors to employ their own counsel/FAs/IBs in connection with the sale of assets. The main topic will be based on the facts in the Toys “R” Us case, where six groups of independent managers and directors have their own separate counsel and advisors. The panelists believe that similar facts exist in other recent cases, and more cases will reflect this in the future. The panel will discuss such topics as the need for this type of representation, the costs associated and how such costs are accounted for in the case, and what other legal and ethical implications all of this can have on the sale of a debtor’s assets.

This panel will discuss an update on § 546(e) safe harbors, preemption issues, the cap on recovery under § 550, and Merit Management, Tribune, Physiotherapy and Lyondell.