Consumer

The chapter 13 debtor’s plan is expiring, and the trustee issues a notice of final cure payment and completion of plan payments. Your client tells you it’s wrong and says there are uncured pre-petition and post-petition defaults, escrow shortages and unpaid attorney fees. What do you do? This session will cover understanding Federal Rule of Bankruptcy Procedure 3002.1 and Local Bankruptcy Rule 2015-3 (E.D. Mich.); reviewing all notices of payment changes, fees and expenses; comparing records with the trustee and debtor, and obtaining discovery; the proper procedure to file and prosecute responses disagreeing with notice of final cure payment; case law regarding remedies under Federal Rule of Bankruptcy Procedure 3002.1(i) for failure to comply with the rule’s requirements; and implementing steps to comply with the discharge order.

Hosted by the International and Mediation Committees This panel will discuss the evolution of mediation in cross-border insolvencies and how it is utilized today. It will also provide insight into how cross-border mediations differ from U.S.-centric mediations, when cross-border mediations are most (and least) effective, and how mediators and professionals can best prepare themselves and others for successful cross-border mediations.

Hosted by the Asset Sales and Health Care Committees

Optimize Cognitive Fitness: The Connection Between Lawyer Wellbeing and Performance

The panel will explore various express and implied trust interests and the issues they raise in bankruptcy, from what becomes property of the estate to exemption and avoidance issues, including under Bankruptcy Code Section 548(e) directed at domestic asset protection and other self-settled trusts.

Secured creditors typically hold significant leverage in restructuring situations and bankruptcy cases, but they are often the target of challenge or attack by other constituencies. This panel will discuss a number of key issues facing secured creditors and how those issues influence the advice given by financial advisors and lawyers.

A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

Is Your Order Final? Appeals from Confirmation Orders; It Just Doesn’t Matter Anymore: Equitable Mootness; Winning the Appeal but Losing the War: Stays Pending Appeal