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Discovery Issues: A Primer and Recent Developments

This panel will focus on the uses and limits of Bankruptcy Rule 2004 discovery, including e-discovery pointers, the impact of the latest amendments, jurisdictional and scope (“fishing expedition”) limits on discovery, keeping results confidential, using Rule 2004 examination transcripts in later proceedings, and various “nuts and bolts” practice points. The discussion will be based on a fact pattern presenting these various issues.
1 hour 2 minutes 36 seconds

Disincorporation: Pre-Petition Planning Versus a Harbinger for Disaster

This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.
1 hour 11 minutes 38 seconds

Disincorporation: Pre-Petition Planning Versus a Harbinger for Disaster

This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.
1 hour 11 minutes 38 seconds

Don’t Just Go Through the Motions: Effective Motions Practice in Bankruptcy Court and Trial Advocacy Tips

This session will discuss motions to dismiss and motions for summary judgment, plus discovery and evidentiary motions, and tips on how to use motions practice to your advantage in adversary proceedings and contested matters.

Economics 101

Join this nationally renowned speaker for an overview of our national economic outlook, along with some possible risk factors that could impact the forecast, and household balance sheets in particular.
1 hour 1 minutes 47 seconds

Energy Case Studies

This panel will provide an overview of the oil and gas industry, including a cash flow framework, ownerships and interests and chapter 11 considerations in energy bankruptcies.

Enjoining the Future: Unknown Claims and the Limits of Due Process

This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.

Equitable Mootness

This session will focus on the current state of the doctrine and recent criticisms, especially from the Third Circuit (Philadelphia Newspapers, SemCrude, One2One Communications), and its applications (City of Detroit (invoking the doctrine to reject the attempted restoration of pension benefits in the city’s bankruptcy)).
1 hour 10 minutes 30 seconds