Business

Hosted by Business Reorganization & Consumer Bankruptcy Committees This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.

Professionals are critical to maximizing estate assets and confirming reorganization plans. This interactive panel, comprised primarily of nonlawyers and estate professionals, will highlight effective and ineffective uses of professionals, and will define best practices in working with professionals so that attorneys and professionals can better serve debtors and trustees.

This panel will discuss the historical relationship between secured and unsecured creditors in reorganization cases, and explore recent instances where the groups have worked together to create value for their constituents. The panelists will include an overview of the key positions taken by each group, and will provide first-hand descriptions of how the constituents were able to achieve consensus.

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.

This panel will delve into collateral estoppel, res judicata, judicial estoppel, equitable estoppel and, although jurisdictional, the Rooker-Feldman doctrine.

This panel will compare and contrast the roles of chapter 11 trustees, chapter 7 trustees, CROs and independent directors when a case is fraudulent.