Business

Oyez, oyez, oyez, all attendees are admonished to draw near and give their undivided attention to this panel as it delivers the most recent and updated analyses on this term’s U.S. Supreme Court decisions.

Hosted by the Legislation and Bankruptcy Taxation Committees. This session will address various tax implications that need to be considered by bankruptcy practitioners in connection with § 363 sales, including cancellation of indebtedness income, net operating losses and tax-free/deferred “G Reorganization” transactions. The panel will also discuss a timetable of decision points as to when tax-related issues need to be considered by practitioners in order to avoid unanticipated adverse tax consequences

Social media and other new technologies are part of the legal landscape, and it’s all charging forward — but the ethics rules are struggling to keep up. Sure, there are obvious concerns that everyone is talking about (like confidentiality (Rule 1.1)), but there are hidden hazards that few people consider (trial publicity (Rule 3.6) concerns — really?). Join “the CLE Performer” Stuart Teicher and legal ethics counsel Erika Stillabower as they discuss ethics opinions from across the country, and their impact on Rules 1.3 (diligence) and 7.2 (advertising), in a substantive-but-amusing manner.

Demonstration on how to best use technology when presenting your case in Bankruptcy Court. This panel will include various “how to” demonstrations that include presenting exhibits, highlighting exhibits, etc. Plus, how to best use electronic links in briefs for case citation and other references.

Join ABI for its first recreation of the infamous “TED Talks,” with speakers focusing on topics only a bankruptcy guru could love, such as rules of professional conduct, career advice and teaching moments and Safe Harbor for Financial Institutions.

FDCPA, FCRA, TILA, RESPA, so many letters, so little time. This panel will discuss the litany of statutes designed to protect the consumer that all practitioners that work in the consumer space should be aware of.

When financial trouble hits the closely held business, a more complicated structure often lurks below the surface. What the “family” views as a single business may actually be several entities with a long history of intercompany transactions. Conversely, one generation may have transitioned out of the business but might still be receiving compensation from the business under the control of the next generation. The problems are heightened when your contact at the client is an individual who wears various “hats,” including president, board chair, CEO and potential defendant. How does the professional deal with the conflicts and consequences of transactions with insiders and affiliates, particularly where the financial resources of the business and individuals are already stretched thin before adding the layer of professionals that come with any bankruptcy proceeding? This panel of experienced restructuring professionals will discuss the legal, ethical and financial issues raised by family conflicts, and provide their unique legal insights and practical advice.

How do you come to understand a business whose very survival was dependent on ensuring that nobody could understand the business? When administering Ponzi-related bankruptcies, actions taken at the outset are often determinative of the results, but what do you do when the books and records are fiction? This panel will focus on the role of financial professionals in Ponzi scheme bankruptcies, including the initial investigation, establishing the existence of a Ponzi scheme, determining who the “winners” and “losers” are, seeking additional recoveries (including chapter 5 actions and other litigation), making distributions and negotiating settlements.

Qui Tam Cases in Bankruptcy Court; Applicability of the Automatic Stay under § 364; Are You Exhausted Yet? Better Take a Look at Those Administrative Remedies

An unprecedented number of retailers have filed for bankruptcy so far this year. Indeed, as of June 1 there have been more significant retail bankruptcies than in all of 2016, setting a potential record course for 2017, including The Limited, rue21, Payless, Gymboree, hhGregg, Gander Mountain and Ignite Restaurants (Joe's Crab Shack). Has the strategy changed from § 363 sales and liquidations to pre-2005 reorganizations? Will the sheer greater number of potential filings doom malls? Will mall owners and their tenants be filing for bankruptcy? What could the domino effect be on landlords? Can brick-and-mortar stores cement their positions and stem the tide of bankruptcies? Will the Aeropostale paradigm of landlord investment become more common? Will factors and other lenders be caught in the downward spiral? Will there be recoveries for the unsecured creditors in cash or equity? Can Black Friday sales save retail? This panel discussion will cover a wide spectrum of legal and practical insights into each of these topics.