No CLE

This panel will provide a brief, general overview of the mechanics and statutory framework for involuntary bankruptcies, with more in-depth discussions of current hot-button issues, including petitioning creditors’ good faith/bad faith, the conflicting approaches taken by various circuits in determining whether a petitioning creditor’s claim is subject to a bona fide dispute, and the potential legal fees and damage claims petitioning creditors face if their involuntary petition is ultimately dismissed.

This panel will provide a brief, general overview of the mechanics and statutory framework for involuntary bankruptcies, with more in-depth discussions of current hot-button issues, including petitioning creditors’ good faith/bad faith, the conflicting approaches taken by various circuits in determining whether a petitioning creditor’s claim is subject to a bona fide dispute, and the potential legal fees and damage claims petitioning creditors face if their involuntary petition is ultimately dismissed.

Presented by the Business Reorganization and Financial Advisors & Investment Banking Committees

Litigation over what constitutes projected disposable income continues unabated post-BAPCPA. Is Social Security income included? Is a nonfiling spouse’s income included? What about the income of a significant other who is a nondebtor? Can a debtor make voluntary retirement contributions, or are they considered part of projected disposable income? This panel will address some current tricky issues in this area.

This panel will address the unique issues presented when matters involving fraud, including Ponzi schemes, arise. The discussion will include best practices for responding to, or managing, fraud allegations directed to a client inside and outside of bankruptcy, addressing and investigating fraud from an accounting perspective (including strategies for identifying hallmarks of fraud), and current developments in case law relating to fraud and Ponzi schemes in the bankruptcy context.

Representing public figures whose livelihood depends on their public image presents particular challenges for bankruptcy professionals. This panel of lawyers, each with their own experiences representing celebrities and other prominent figures in their bankruptcy cases, will share their thoughts on the process and the issues that are unique in these cases.

Representing public figures whose livelihoods depend on their public image and in remaining in the public eye, or individuals thrust into the public eye by perceived scandal, presents particular challenges to their bankruptcy lawyers. Flamboyance tends to catch the eye of judges and creditors, as well as fans and entertainment reporters. Scandal is a national pastime, so high-profile debtors catch the eyes of everybody. Representing creditors in those cases, and managing their expectations when outward appearances suggest no shortage of resources either because fame is equated with fortune or preservation of ill-gotten gains is presumed, also presents its own set of challenges. This multimedia session will be presented by lawyers who have lived through some of the highest-profile cases of recent years, and includes counsel in cases involving those who sought out the limelight, such as 50 Cent, Mike Tyson and Bob Guccione, and those who were thrust into it, such as David Drumm of Anglo-Irish Bank.