No CLE

This panel will help sort through the following questions: What districts are adopting the model chapter 13 plan? What changes are being made to current form plans to conform to the requirements of the model form? How will the shortened deadline for filing proofs of claim affect chapter 13 administration? How will the new rules promulgated by the CFPB affect mortgage lenders and consumers?

Members of the commission will provide an update on recent public meetings, relevant topics and the commission reporting process.

This panel will address hot topics in the consumer bankruptcy world, including analysis of the UpRight decision and the ongoing evolution of fee arrangements.

This panel will review and debate issues regarding the new official form for chapter 13 plans, including how courts are tinkering with Rule 3015.1 — and why courts think they have the ability to do so.

There has been an increasing trend toward using creative structures to transact around limitations in debt documents in order to raise debt, sell assets and/or distribute value to certain stakeholders, including transferring assets to unrestricted subsidiaries, sale/leaseback transactions and FILO loan structures. Take a look into the resulting litigation surrounding these transactions (e.g., Windstream, iHeart, J.Crew) and discuss how the credit default swap market is affecting financing structures.

A frequently asked question by an individual considering bankruptcy is, “What will it mean on my credit report?” This session is designed to help answer that question and other questions regarding credit reporting. What is a credit report? Who provides the information, and what gets reported? What are the range of scores, and what do they mean? How does chapter 7 impact an individual’s credit score going forward? How does chapter 13 impact it? What can an individual do if something untrue is reported? What can you do as the individual’s attorney to help out? What are a creditor’s responsibilities? Does it make any difference if some debts are reaffirmed? What is the effect of not reaffirming a mortgage or automobile purchase? How long does information stay reported? How does a bankruptcy by one spouse affect the credit of the nonfiling spouse?

This session will explore the following questions: Should all similarly situated creditors have the right to participate in rights offerings, financings, etc.? Does it violate Bankruptcy Code provisions or policy to allow a subset of creditors to receive fees and increase their recovery at the expense of similarly situated creditors? Is mandatory market-testing a viable solution?

In this session, the panel will delve into recent chapter 15 decisions and the use of cross-border protocols in complex multijurisdictional cases ( e.g., SDNY General Order M-511, Delaware LBR 9029-2). Learn about preparing a cross-border case and cash-management issues across cross-border estates, difficulties that arise when dealing with foreign boards, subsidiaries in foreign jurisdictions and limited resources to manage the complications, and the winding down and liquidation of cross-border estates.

This panel of experienced professionals will discuss and analyze what it takes to maximize results for unsecured creditors in today’s chapter 11 cases.

This panel will explore current topics of interest involving third-party releases, including issues regarding: "deemed consent" of releasing parties; the scope of third-party releases; and the impact of jurisdictional or constitutional limits on bankruptcy courts to approve non-consensual third-party releases.