No CLE

This program will look at the actions of the U.S. Supreme Court in 2015, including cases in which the Supreme Court recently granted petitions for certiorari, as well as the dark afterglow of Law v. Siegel. We shall address Stern claims, the definition of “consent,” and what will happen to Dewsnup.

This panel will discuss “found money assets” — unusual or unknown assets that can be liquidated for the benefit of the estate, including commercial tort litigation/class action participation and unclaimed funds. The panel will also discuss the pros and cons of sales of remnant assets such as aged and written-off A/R, small balance and default judgments from preference claims, trade claims held by the estate, and litigation rights.

This panel will address many of the thorniest ethical issues for consumer lawyers, including avoiding conflictof- interest issues as counsel in a failing case, counseling a client who will not take your advice, and counseling a mentally ill client.

This panel will discuss chapter 11 trustee appointments.

This panel will discuss potential conflicts when a lender regularly recommends that a debtor hire their preferred CRO (the debtor is the CRO’s client, but a “one off” client) and the lender is a repeat business, as well as the 1% Rule and retention application disclosures/potential conflicts.

Many individuals in bankruptcy are also involved in domestic-relations litigation. This panel will discuss the necessity for proper advice to potential clients about bankruptcy ramifications when filing for divorce and negotiating property settlements, and vice-versa. What obligations under a judgment of divorce or property settlement are nondischargeable? What claims under a judgment of divorce or property settlement can be exempted? What steps can be taken to enforce a judgment of divorce or property settlement after a bankruptcy petition is filed without violating the automatic stay? What are the exceptions to the automatic stay to allow domestic-support litigation to go forward? Which court has the jurisdiction to decide the applicability of the automatic stay?

D&O and E&O policies are often one of the few major assets of a bankruptcy estate that are available for estate monetization. This expert panel will discuss coverage issues and provide insight into common and esoteric issues in bankruptcy cases involving D&O and E&O policies.

This panel will discuss the three major segments that are ripe to go through distress in the next several years, namely residential care, durable medical equipment, and testing labs/imaging facilities. The panel will also discuss hospital cases (including the sale of nonprofits to for-profits).

Whether it is warrants for junior creditors or equity incentive options for a new management team, derivatives have long played a role in negotiating restructuring outcomes. However, as capital structures have become more complex and stakeholders in distressed companies more sophisticated, derivatives and advanced analytic techniques are playing a larger role in the world of bankrupt and distressed companies. This panel explores theoretical as well as practical issues associated with derivatives and probabilistic methods in a distressed environment, and draws from real-world examples of their increased use in the world of troubled, underperforming and revitalized companies.