No CLE

This panel will cover the what, how, why and risks/benefits of Article 9 sales, including negotiating the friendly foreclosure and aftereffects.

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.

The petition is filed. At the § 341 meeting, the trustee asks the debtor whether there have been any personal-injury actions, whether the debtor has the right to sue someone, and whether the debtor inherited any assets 180 days prior to the petition date or within 180 days after the petition date. However, debtor clients often intentionally or inadvertently fail to disclose an asset. This panel will explore best practices for dealing with these and other post-filing litigation pitfalls, and for handling cases where there are undisclosed or undiscovered assets.

Join our panelists as they explore how lender liability claims are born and struggle for life, starting with the influence that an original loan agreement may have on later claims, continuing with the roles that various professionals play as financial distress grows, and finally examining how tragedy unfolds as litigation plays out.

A trial is fraught with opportunities for lawyers on both sides to make mistakes. By using hypotheticals infused with current and common issues, this panel will provide useful tips for successful examination and cross-examination, preparation for common motion practice, and laying a proper foundation for submission of evidence.

The goal of diversity, equity and inclusion (DEI) has been a frequent point of discussion over the last few years, including at last year’s conference. This panel will focus on how DEI is now being implemented in the legal world generally and in the insolvency space specifically. The panelists also will discuss how they have integrated DEI talking points into their daily practice.