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Long Claw of the Law: The Limits of Clawback Actions
Hosted by the Bankruptcy Litigation and Young and New Members Committees
This session will focus on the limits of avoidance actions by bankruptcy
trustees in Ponzi scheme cases, including arguments about the expansion
of the look-back period to 10 years, trustee standing, clawbacks from
non investor sources, in pari delicto and how trustees decide whom to sue.
Working for a Fresh Start: Labor Issues Facing Consumer Debtors
Hosted by the Consumer Bankruptcy and Labor & Employment
Committees
This panel will feature a discussion of 11 U.S.C. § 525 regarding
protection against discriminatory treatment based on bankruptcy status
and its interpretation, including the Supreme Court’s NextWave decision.
Additionally, the panel will address practical issues faced daily between
employers and consumers in bankruptcy, such as the use of corporate
credit cards, reimbursement of business expenses, commissions and
bonuses as assets, and security clearance.
The Rights of Secured Creditors in a Commercial Fraud Case
Hosted by the Commercial Fraud and Secured Credit Committees.
This panel will take a fresh look at secured creditor rights and unique
solvency issues in fraud and Ponzi cases. Learn how to avoid being
trumped in federal forfeiture proceedings or paying on bankruptcy
clawback claims by treading in the safe harbor of § 546(e) — and learn
how to navigate the shoals of receivership
Consumer: How to Litigate the Value of a Single-Family Home?
Home value is all in the perspective. If you want to learn how to convince
the court that your client’s perspective on the value of a residence is the
right one, this is the panel for you! Experienced litigators will discuss best
practices for litigating the value of a home by using familiar scenarios
from everyday valuation practice.
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