No CLE

This session will feature a mock trial of a fraudulent-transfer case demonstrating email, Facebook, Instagram, smartphone, messaging and metadata issues.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference Explore the latest in what constitutes disposable income, raising and overcoming good-faith objections, evolving strategies in student loan treatment, unique issues arising due to COVID-19, and other advanced and challenging issues facing the chapter 13 practitioner.

This session is for attorneys who are moderately proficient in the use of technology.

Presented by NABT Divorce and family separation often serve as the impetus for consumer bankruptcies. This panel will address the intersection between bankruptcy and divorce. For example, the State in which a bankruptcy is filed and the timing of the bankruptcy relative to the filing of a divorce can determine which marital assets are property of the bankruptcy estate. Further, the timing of the final judgment of dissolution of marriage can impact whether assets awarded to the debtor in the divorce can be property of the bankruptcy estate. This panel will also address whether a marital settlement agreement can be set aside as a fraudulent transfer.

The panel will review the criteria to establish insolvency in the context of fraudulent transfers and avoidance actions. We will look at decisions related to the determination of solvency, as well as some of the more challenging valuation and evaluation issues that arise in the conduct of an evaluation. The panel will also review some of the areas subject to challenge on cross-examination.

Type “Small Business Reorganization Act” or “Subchapter V” into your search engine, and there is no lack of questions that have been posed: what the Act means, the CARES amendment, pros and cons, and whether it’s been good for businesses (the answer: maybe not). With all this interest, there is no doubt that the Act is having an impact. Questions about its implementation are being answered as the days go by and as more and more cases find their way into the courts. This session will focus on the results to date, the questions that have been settled, and the questions still in need of answers.

This program will present expert practitioner and judicial ABI Views on current developments in chapter 15 practice, including new decisions and legislative proposals. It will also introduce the new UNCITRAL model law as to enterprise group insolvency, and discuss developments in cross-border practice with Mexico.

Presented by the Commercial and Regulatory Law & Financial Advisors and Investment Bankers Committees This panel will present a primer on the U.S. pharmaceutical industry, focusing on the typical capital structures of pharmaceutical/development companies versus in-pipeline companies. The panelists will examine the factors leading to the recent surge in pharmaceutical bankruptcy cases and their outcomes/resolutions, as well as § 363 sales of pharmaceutical companies’ assets and restructurings. Opiate bankruptcy cases such as Purdue and Mallinckrodt will be highlighted, as will ancillary issues that arise in pharmaceutical bankruptcy cases, such as product recalls, regulatory issues (such as with the FDA) and IP licensing issues.

Panel presented by the International Committee of the American College of Bankruptcy The panel will consider whether, if so, to what extent arbitration agreements could be used to resolve problems arising in the course of cross border insolvency proceedings. Hon Paul Heath QC and Dr. Stephan Madaus will discuss questions of arbitrability, use, and enforcement of awards in such cases; particularly under the New York Convention. Prof Troy McKenzie and Corrine Ball will focus more specifically on the use of arbitration in Chapter 15 proceedings.

Survey the landscape of current filing trends and gain an informed statistical perspective of what may happen next in bankruptcy. Join experts as they examine data provided by Epiq, statistical partner to ABI and a Premier Sponsor of the Insolvency 2020 Virtual Summit.