Business

This panel will discuss the business rule to dissolved law firms.

This panel will focus on the irrational biases for decision-making in bankruptcy. The essence of bankruptcy is deciding how to divide the debtor's metaphorical shrinking economic pie among qualified creditors. At its optimum, bankruptcy decision-making is efficient and rational. However, at other times even the most skilled bankruptcy practitioners are stymied by the inability of bankruptcy participants to make seemingly rational business decisions. Why can't everyone be rational? Decision-making is not a rational process. Behavioral economic scholars such as Daniel Ariely and Daniel Kahneman explain that we all have psychological biases that interfere with our ability to make objectively rational decisions. Bankruptcy practitioners who understand these biases learn strategies to influence them and thus enhance optimal bankruptcy decisionmaking.

Discussion on the chapter 7 trustees’ powers to do a carve-out, the new use of short sales in chapter 7, and the most effective way to sell assets in today’s economic environment. Does the creditor have a say in the trustee’s course of action?

Business

With the economic challenges over the past five years, the lending landscape has changed dramatically. The boundaries for commercial and alternative lenders have changed, and borrowers’ options for financing are continuing to develop. Learn what commercial and alternative lenders can (and cannot) do for a borrower and how financing structures have become more creative to fit the needs of borrowers. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

Following the financial crisis, lending activities have been closely scrutinized by regulators, lawmakers and the courts. Debtors and bankruptcy trustees have actively pursued claims against commercial lenders. Learn firsthand about recent legal developments that impact commercial loan transactions and practical strategies for minimizing the risk of lender liability claims. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

We will explore the nuts and bolts of motions, scheduling and transcript review of a 2004 examination and the differences between a 2004 examination and a deposition. Learn techniques on prepping a witness for examination, how to handle the hostile witness, which objections should be preserved during the examination, and other tips and pointers to ensure that your examination is successful.

This panel will focus on the twists, turns and strategic, tactical and litigation considerations that arise in 363 sales of substantially all of a chapter 11 debtor’s business assets, including the special challenges posed by the sale of a professional services firm.