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The Intersection of Arbitration and Bankruptcy

This panel reviews recent cases and assesses whether arbitration is enforceable in bankruptcy, and to what extent.

The Intersection of Bankruptcy and Construction Law

This panel delves into everything you ever wanted to know about the intersection of construction law and bankruptcy.
1 hour 16 minutes 24 seconds

The Many Roles of a Neutral in Bankruptcy

This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.
1 hour 9 seconds

The New Process to Discharge Student Loans in Bankruptcy

This session will discuss the recent changes with the Department of Justice’s new Student Loan Discharge program. The panelists will explore the scope and limitations of the program, as well as best practices, including the importance of a client's present financial circumstances, expenses and repayment ability.

The Rise of Creditor-on-Creditor Violence

Hosted by IWIRC New England Companies are not the only ones fighting with creditors these days; creditors are fighting amongst themselves, relying on increasingly nuanced interpretations of debt-issuance documents and intercreditor agreements. What has changed in the debt-finance landscape that is bringing these disputes to a head? What are the document provisions and transaction structures that have been in dispute? What are the litigation strategies and considerations at play, and how have courts reacted to these kinds of disputes? This session will address these questions and more.

The Role of Artificial Intelligence in Consumer Debt and Bankruptcies

This panel will discuss the emerging and ever-changing role of artificial intelligence (AI) and machine learning (ML) in the administration of consumer debt, and the effects on bankruptcy cases. The panelists will discuss how the technology has been used in both account-servicing and court filings, where it may be going, and potential pitfalls to be mindful of as AI/ML becomes more common.
1 hour 2 minutes 15 seconds

The Sharing, Splitting, Unbundling, Factoring, Financing, Bifurcation and Disclosure of Debtors’ Attorneys’ Fees: Ethical Ramifications and What You Need to Know

This panel will discuss the ethical duties and obligations of debtor’s counsel when unbundling legal services in chapter 7 cases. From the marketing of no money/low money down to adequate disclosures, the nuances of fee bifurcation sometimes create a fine ethical line on which to walk. The panelists will provide practical advice on how to comply with ethical concerns, and will discuss how different districts across the country have addressed the issue.
1 hour 1 minutes 20 seconds

The SVB Collapse: What Went Wrong, and What Happens Next?

Silicon Valley Bank (SVB) failed on March 10 following a run on its deposits, representing the second-largest bank failure in U.S. history behind the 2008 failure of Washington Mutual. Prior to its collapse, the Santa Clara, Calif.-based SVB was the 16th-largest bank in the U.S. and was the largest bank by deposits in Silicon Valley. This panel of experts will break down the failure and future of SVB, the FDIC's role in the banking crisis, and the impact its collapse may have on other financial institutions.
55 minutes 11 seconds

The Wild West of Unconventional Lending: “I Need Money!” A Look at Factors, Merchant Cash-Advance Lenders and Litigation-Funders

This panel will discuss the various issues surrounding merchant cash advance (MCA) lenders from the perspectives of MCA lenders, debtors, the bench, and other secured creditors whose interests may be affected by MCA lenders.
1 hour 14 minutes 33 seconds