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Bankruptcy Litigation

This panel will present a fraudulent transfer update and discussion regarding the split over § 546(e) safe harbors (Physiotherapy, Tribune, Madoff, Meritt Management), 10-year reach-back periods (Kipnis), the reinstatement of unsecured creditors’ intentional fraudulent conveyance claims and the ruling that the intent of the CEO can be imputed to the company (Lyondell), the finding that substantive consolidation does not augment the trustee’s § 544(b) avoiding powers by allowing the trustee to rely on predicate creditors from another estate (Petters), and the ruling that access to a credit line rebuts unreasonably small capital claims (SemCrude). The session will also feature an update on the Trust Indenture Act, including discussion of the recent Second Circuit decision in Chesapeake Energy and its implications regarding the finality of bankruptcy court orders, and an update on the litigation of feasibility issues (Paragon).
1 hour 18 minutes 22 seconds

Cross-Border Panel

This panel will discuss the domestic reach of the foreign stay (Sanjel) and recognition of judgments/rulings in cross-border cases, including offshore bankruptcies, as well as non-U.S. companies filing for chapter 11 and the consequences thereof (Ocean Fisheries, Hanjin and Abengoa)
1 hour 16 minutes 38 seconds

LLC Bankruptcies

This panel will focus on issues that can arise during an LLC bankruptcy, such as what happens when parties contract out of fiduciary duties and the effect that bankruptcy has on key provisions in an LLC operating agreement, including management and ownership rights and remedies, as well as what happens when a bankruptcy proceeding is initiated against the LLC or one or more of its members. The panel will also discuss Intervention Energy and Lake Michigan, in which the bankruptcy courts refused to enforce LLC agreement provisions requiring the respective LLCs to obtain the unanimous consent of their members in order to seek bankruptcy relief.
1 hour 10 minutes 42 seconds

Nobody Likes to Face Rejection: Recent Issues Regarding Executory Contracts

Hosted by the Business Reorganization and Unsecured Trade Creditors Committees This session will focus on recent case law developments in the area of executory contracts. The panelists will discuss issues concerning gathering agreements and the Sabine Oil decision, collective bargaining agreements, telecommunication agreements and more.
57 minutes 31 seconds

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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