No CLE

With discharge of student loans under the undue hardship standard often requiring a "certainty of hoplessness", this panel will instead focus on alternative methods that debtors and courts have addressed the ever mounting student loan crisis. These alternatives will include an examination of what actually constitutes an "educational benefit", how various repayment programs from the Department of Education can be integrated with bankrptcy and non-bankruptcy causes of action and defenses, including Statutes of Limitation, burdens of prood regarding standing and consumer protectioin laws, that can be used to provide borrowers relief.

Hosted by the Bankruptcy Litigation and the Commercial & Regulatory Law Committees Breaking stories on blockchain or cryptocurrency seem to hit the news daily. Litigating issues involving this new area presents challenges, as there is no central issuing or regulatory authority. There are no official clearinghouses or oversight by financial institutions, and users act autonomously in transactions. This panel will discuss the various measures of protection for cryptocurrency players in the financial industry and how to litigate the complex issues.

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With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?

This panel will explore how to maximize values in an auction/§ 363 sale for all constituents, and reveal “tricks of the trade” regarding how to generate value for the estate and unsecured creditors in different ways.

Interested in mediation? Attend this session to experience a mock mediation and discuss mediation’s benefits and pitfalls. The panel will also examine plan mediation vs. targeted specific issues, as well as material nonpublic information concerns.

Join this session to discuss cramup and reinstatement since Momentive, including a circuit split and recent developments. Dive into how the interest rate is being determined, as well as equitable mootness and remand issues in Momentive.

This panel will examine recent municipality filings and issues that arise in these cases, such as the ability of public utilities/public service entities to file under the Bankruptcy Code (i.e., to what extent is it an extension of the municipality), interaction with state and federal law, tax-exempt economic-development bonds, and whether there should be a mechanism for distressed states to file. Discussion will include updates on Puerto Rico and other cities.

How and when is a secured creditor’s rights affected by § 552? This session will examine typical scenarios so you can learn all you need to know about this difficult area of the law.