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Modern Techniques in Asset-Tracing

This panel will discuss the use of AI in insolvency proceedings, as well as service of process via social media in such recent cases as Three Arrows Capital (3AC).
1 hour 6 minutes 8 seconds

ABI Live: Change of Control via 363 Sale vs. Plan of Reorganization

The first two parts of this three-part webinar series focused on key topics associated with sales that take place in chapter 11 bankruptcies, and addressed executory contract rejection, the role of customers in chapter 11 bankruptcy proceedings, and change of control via a § 363 sale vs. a plan of reorganization. In this third and last session, the panelists will explore the complexities of sales in chapter 11 bankruptcy with a focus on two common methods of selling a business: plans of reorganization and § 363 sales. The panelists will explore the pros and cons of each method from the perspectives of customers, creditors and debtors, and will provide insights into when each should be utilized. Our experts will compare plans of reorganization to § 363 sales, outlining key differences, timelines, the parties involved and the level of court involvement, and will provide guidance on when to choose a plan versus a § 363 sale and the potential impact of each. Attendees will better understand the options available for selling in a chapter 11 bankruptcy, and the factors to consider when choosing between a plan of reorganization and a § 363 sale. Join us to gain insights into the complexities of chapter 11 sales and how to navigate them successfully.
31 minutes 20 seconds

The Sharing, Splitting, Unbundling, Factoring, Financing, Bifurcation and Disclosure of Debtors’ Attorneys’ Fees: Ethical Ramifications and What You Need to Know

This panel will discuss the ethical duties and obligations of debtor’s counsel when unbundling legal services in chapter 7 cases. From the marketing of no money/low money down to adequate disclosures, the nuances of fee bifurcation sometimes create a fine ethical line on which to walk. The panelists will provide practical advice on how to comply with ethical concerns, and will discuss how different districts across the country have addressed the issue.
1 hour 1 minutes 20 seconds

Responding to Complaints in Federal Court: Strategies and Considerations

Responding to complaints in federal court is a critical aspect of the U.S. legal system. This session will explore the various elements involved in crafting a comprehensive response to a complaint filed in federal court. The panelists will provide an in-depth analysis of the process, strategies and considerations for defendants when addressing allegations brought against them. By examining the Federal Rules of Civil Procedure, case law and best practices, this session will help equip legal practitioners and individuals with a thorough understanding of the response phase in federal court litigation.

Real Property Nuances in Chapter 13: Post-Petition Property Appreciation and Avoidance Actions

This panel will focus on post-petition accrual of equity in real estate, the recent Supreme Court decision regarding tax violations, preferences, whether direct mortgage payments are considered “payments under the plan.”

13 or V? Putting Your Debtor in the Right Case

Subchapter V arrived in 2020, offering qualifying individuals a restructuring alternative to standard chapter 11 and chapter 13. So what are consumer bankruptcy lawyers so afraid of?! This panel will review the differences between chapter 13 and subchapter V by looking at eligibility and reporting requirements, estate administration, and the nuanced differences of plan confirmation and discharge in each chapter. The panelists also will compare and contrast chapter 13 and subchapter V trustees, and will use several hypotheticals to highlight how a debtor’s particular circumstances will ultimately determine the choice between a 13 or a V.
1 hour 2 minutes 35 seconds