Consumer

Keynote Luncheon Presentation

Interview Panel

The Business of Student Loans from the School Perspective

Municipal bankruptcy has moved to the forefront of the restructuring world; every day seems to bring a new filing or precedent. A battle-tested group of restructuring professionals on the front lines of municipal bankruptcy will provide a “back to basics” look at chapter 9 and will discuss recent developments and future trends in municipal bankruptcies, as well as their role and place in the world of restructuring professionals.

This panel will discuss typical and atypical issues in the context of negotiating a term sheet, a DIP agreement and a DIP order. Discussion will include DIP terms from the perspective of various types of DIP lenders, such as pre-petition creditor(s) (or a subset of such creditors), insiders and stalking-horse bidders.

Individual chapter 11 cases pose a number of thorny legal and practical problems for the bankruptcy practitioner. While individual chapter 11 cases contain many elements of corporate chapter 11 and chapter 13 cases, they do not fit comfortably in either chapter. Following the enactment of BAPCPA, courts have struggled to strike the appropriate balance between the provisions of the Bankruptcy Code intended for corporations and those intended for human beings. The result is substantial uncertainty for debtors and creditors alike. This session will explore: Does the absolute priority rule apply to individual chapter 11 debtors? May creditors commence an involuntary chapter 11 case against an individual? May individual chapter 11 debtors pay their living expenses in the ordinary course of business, or is notice and a hearing required? What are the advantages and disadvantages for debtors and creditors in an individual chapter 11 case as compared to a corporate chapter 11 case or a chapter 13 case?

The panel will discuss the pitfalls that chapter 13 debtors encounter when dealing with claims that may or may not be dischargeable or have priority status.

17th Annual Great Debates Past Presidents’ Debate Resolved: The Bankruptcy Code should be revised to eliminate a debtor in possession's and trustee's ability to recover preferential transfers. Judicial Debate Resolved: A claim against the debtor’s estate, transferred to a third party, should be treated the same as if in the hands of the original holder. Consumer Debate Resolved: An attorney in a consumer case should be able to limit the scope of her employment.

This year’s installment of the Boris Badenough ethics play centers primarily around Boris’s romantic problems, rather than his traditional financial woes. Boris’s latest wife, Sophia “Sting” Shire, an up-and-coming photo artist, has just filed for divorce and is seeking to void her prenuptial agreement with Boris so she can get the $100,000 per week in support she believes she is entitled to. Boris isn’t distressed about the loss of his sixth (or is it seventh?) wife, but the fact she wants money and half of his massive snowglobe collection enrages him. However, Boris has a plan to put Sting into an involuntary bankruptcy with two other creditors, have a trustee appointed (Boris does know how to dig up dirt!) and settle any claims that Sting may have with her trustee for a small amount of his hoard. Unfortunately for Boris, Sting and her counsel, Bill “Bo” Baggins, have a few tricks of their own up their sleeves, including the discovery of Boris’s deepest and perhaps most profitable secrets in Hidden Hoard LLC, a company Sting owns 1% of (through Boris’s attempt to make her a minority contractor). Will Baggins and Sting be able to discover the secret Hidden Hoard, or will Boris’s counsel, Tom “Bomber” Dill, prevail and save his client’s “preeciousss”?

This panel will provide an update on procedural developments in bankruptcy cases, covering issues such as personal jurisdiction, service of process, and perhaps enforcement. There will also be an update on Stern and its practical implications.