No CLE

This panel will present a detailed look at filing foreclosures, state law defenses and post-judgment foreclosure matters, and when to file bankruptcy in the process.

This session will use a common fact pattern and feature demonstrations of arguments and examinations regarding such evidentiary issues as whether a witness may appear by telephone, video or deposition; admissibility of expert testimony on value; whether an expert may rely on the testimony of other experts; when lay witness testimony on value may be admissible; and demonstrations of examinations of experts and nonexperts regarding valuation and other common issues that arise in evidentiary hearings. By extensively using role play, this session will create real settings for consumer bankruptcy attorneys to help them handle evidentiary hearings in bankruptcy court.

This panel will discuss special problems in ag-based DIP financing and cash collateral use and dealing with tax claims and pre-petition sales.

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.