No CLE

This session will provide an in-depth look at recognizing these types of claims and determining when and how to file the actions.

Avoiding being sued along with or in lieu of your client and avoiding ethical violations and malpractice.

Great Debates Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!) Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?) Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)

Resolved: Third-party releases should never be permitted. Resolved: Jevic does not apply to gifting.

The panelists will delve into the various issues looming over the health care and education industries, including (1) the potential changes in policy under the Trump administration, (2)overleveraged institutions and (3) the differing issues facing the for-profit and nonprofit sectors.

This panel of health care experts will discuss current topics in health care insolvency focusing on the key issues and areas that will impact cases in 2017 and 2018

Lien-Perfection Issues; Ethical Considerations for Debtors’ Counsel; Authority to File; Creditor Standing to Prosecute Estate Claims; Cash Collateral/Adequate Protection

Equal Monthly Payments; Consequences of Surrender and Pay Direct; Rule 3001(c) issues; Fee-Shifting under Rule 3002.1; Circuit Splits on Service of Objections to Claims and Bar Dates for Secured Creditors; Unscheduled Claims