No CLE

There is a reason attorneys choose the practice of bankruptcy and one of those reasons is, they would rather not handle a divorce case even with a ten foot pole. Unfortunately there are grave consequences if you are unclear as to how the bankruptcy code and a divorce may interact. This Panel will guide you through the minefield of potential issues thereby preventing your client’s divorce from blowing up your case.

Trends in exemption law, including a Colorado legislative update and fallout from Clark v. Rameker and Law v. Siegel.

A significant number of bankruptcy cases involve the use of expert witnesses. This panel will explore issues that both counsel and experts should anticipate, including how credibility is derived and enhanced, the expert’s research and analysis phase, persuasive direct and cross examination of experts, non-verbal communication and courtroom etiquette.

This panel will discuss the collision of divorce practice and Bankruptcy Code §§362, 523, 1325, and 1328.

This panel will discuss retirement, death, changing area of practice, going out of business, fee splitting and unbundling.

This panel will discuss post-petition HOA dues, HELOCs, noticing, and § 522(f) and 506 motions.

Topics may include selection of comparable companies; liquidity and marketability discounts; discounts for size and reorganization risk; determining a discount rate; option-based valuation methodologies (note that the panelists will discuss and highlight different positions that may be taken, but will leave it to you to decide which positions have more merit).

This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.

Neither a borrower nor a lender be. But if you are a lender or borrower you need to avoid liability by adhering to policies, using checklists and knowing individual and institutional risks. Come explore the common and uncommon reasons why lenders face liability and ways to defend against and ways to prevent and minimize risks.

Nortel (two courts simultaneously trying allocation issues); Suntech, Barnet and subsequent bankruptcy court decisions on remand (recognition and § 109(a)); Fairfield Sentry Limited (sale of SIPA claims); enforcement of judgments (Argentina litigation, Madoff); filing of chapter 11 cases by foreign debtors (Alsacia); extraterritoriality issues regarding avoidance actions (Madoff decisions). Do Fairfield, Quimonda, and Madoff represent a retreat from the principle of comity set forth in chapter 15?