No CLE

This panel will dive into all things claim-related by tapping into the perspectives of a Chapter 13 trustee, a creditor’s rights attorney, a debtor’s attorney, and a bankruptcy judge. When should I file a claim? Is there a downside to filing a claim? What should I attach to a proof of claim? What if I miss the bar date? Is my lien perfected? How can I retain my lien? When can my lien be stripped? Will I receive interest on my claim? When can I get stay relief? Please join us to discuss these issues and more on the claim frontier.

This panel will discuss four topics of interest, paying particular attention to litigation strategy and tactics with respect to each. First, we will examine stays pending appeal, particularly stays pending appeals of confirmation orders, including the current state of equitable mootness law in the Second Circuit and elsewhere; when and how to move for a stay; whether and how to make a record at the confirmation hearing to support a later stay motion, and what to do about the bond requirement. Second, we will consider LTL and the standard for dismissal, as well as the importance of making an evidentiary record to support good faith and insolvency on filing. Third, we will consider challenges to the retention of professionals, particularly what standard should govern when a debtor seeks to retain lawyers, investment bankers and other professionals. Should it be the existence of “interests adverse to the estate” or “disinterestedness,” or some combination of the two? We will consider, among other cases, SAS and FTX. Finally, we will consider venue. What are the appropriate criteria that should be considered and relied upon by the debtor when choosing venue and by other parties in interest when challenging the debtor’s choice? How clear or blurry is the line between legitimate strategy and litigation tactics?

This keynote will dive into the current economic environment in Utah and the U.S. Take part in this lively discussion on the trending issues impacting the economy, such as employment, wages, interest rates and population growth, and learn how to prepare for success in uncertain times.

This panel will discuss features of mass tort cases — including stays of actions and discovery against nondebtors, releases for nondebtors, the role of future claims representatives, and insurance neutrality — and the effects of recent case law.

The panelists and the audience will discuss the fundamentals of mediation and risk assessment, focusing on key skills that can increase the effectiveness of their mediations. This session will cover best practices for mediators to maximize their chances for successful mediations, common pitfalls in assessing your client’s risk and how to overcome them, and the importance of confidentiality in mediation.

This panel will discuss the use of AI in insolvency proceedings, as well as service of process via social media in such recent cases as Three Arrows Capital (3AC).

This panel will discuss what happens when lenders default on paying borrowers for non-monetary reasons, such as covenant or compliance violations on real estate loans like debt-coverage-ratio violations. The lenders’ goal is to regain possession of the real estate for investment purposes and deploy it at higher interest rates. The panelists will discuss the impact and efficacy of this strategy from all angles: institutional lender-side, borrower-side and investor-side.

A team of ABI “40 Under 40” honorees, in the role of the debtor’s professional advisory team, will present the debtor’s value-maximizing plan of reorganization.