No CLE

Hosted by the Asset Sales and Secured Credit Committees

Recent court decisions will impact future commercial restructuring. The panel will provide an overview of the four most pressing issues in commercial restructuring over the past year, including debt recharacterization, third party releases, cram down interest rates, and rights of dissenting bondholders in out of court workouts. In each instance, our expert panelists will provide an overview of the issue at hand, recent case law developments, and considerations of their impact on future restructurings.

This session will cover a number of recent confirmation hot topics, including refinancing of secured loans in bankruptcy (BOKF NA v. Momentive Performance Materials Inc..); rights offerings and unfair discrimination (In re TCI 2 Holdings LLC); substantive consolidation with nondebtors (In re Archdiocese of St. Paul and Minneapolis); and per plan, not per debtor, confirmation (In the Matter of Transwest Resort Properties Inc.).

This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.

This panel will discuss recent ethics opinions and modern issues facing consumer practitioners.

Panel discussion of issues affecting your consumer clients: consequences of assumption and rejection of executory contracts; Chapter 13 update; the incapacitated client; undisclosed assets; proofs of claim and FDCPA; TCPA; revisions to Bankruptcy Rules; advising your clients on post-discharge liabilities; report on the ABI Consumer Commission’s Chapter 7 Committee.

The practice of consumer bankruptcy law is an ever-changing landscape, with new issues arising every day! This panel will explore some of the most recent exciting and evolving decisions including discharge of student loans, the challenges when personal property is repossessed pre-petition, pawn loans and the automatic stay, and consumer class actions in bankruptcies.

This panel will help sort through the following questions: What is needed to prove your facts? How do you find experts on the cheap? Is a deposition necessary? How many witnesses do I really need? How do I minimize the cost of discovery in a small case without jeopardizing my clients’ interests?

This panel will help you sort through the following questions: How do you avoid missing deadlines in a fast-paced practice? How do you avoid ethical issues when advising clients and preparing witnesses? What are the requirements for and limitations on fee agreements? How do you deal with incomplete or factually inaccurate statements by your client?