No CLE

This session will discuss hot-button issues relating to claims trading, including the Supreme Court’s ruling of nonstatutory insider status as clear error, as opposed to de novo (In re The Village at Lakeridge LLC); eligibility to vote an assigned claim (In re ASHINC Corp. and In re LightSquared Inc.); disallowance of a transferred claim subject to preference challenge (In re K-B Toys); and other legal issues common to claims trading and litigation finance in bankruptcy.

In this program, leading practitioners, judges and academics--from all around the world--will address a broad range of cross-border and international issues. The moderators, Hon. Louise DeCarl Adler and Prof. Jay Westbrook, will present and comment on video and live presentations that will provide global perspectives on insolvency practice.

Join a judge, trustee, and consumer practitioner as they discuss how to view problems in consumer cases with a new lens. ATopics include using savings to assist a debtor's fresh start, obtaining relief from prior orders, and professionally dealing with aggressive parties (even sometimes the judge).

Chapter 13 trustees are unique. Unlike chapter 7 trustees, they do not take possession of a debtor’s assets. Yet the Bankruptcy Code imposes some responsibilities on them with respect to property of the estate. It also imposes responsibilities on them to assist a debtor. This session will focus on understanding the hybrid nature of the trustee’s role in chapter 13 cases, and how it impacts issues and strategies for debtors and creditors in chapter 13. Can a chapter 13 trustee sell property under § 363? Can a chapter 13 trustee recover preferences under § 547 or fraudulent conveyances under § 548? What are the trustee’s duties regarding the continuing prosecution of litigation brought by a debtor pre-bankruptcy to recover from a third party? What are the chapter 13 trustee’s duties regarding filing proofs of claim on behalf of creditors? What must a chapter 13 trustee do to assist a debtor?

Are there nonbankruptcy alternatives that might better suit your client to deal with their financial difficulties apart from bankruptcy? This session will discuss the possible alternatives and their pros and cons, such as the effectiveness of negotiating with creditors individually, offers in compromise in dealing with the IRS and other governmental units, trial loan modifications and permanent loan modifications on mortgages, tax ramifications if a creditor agrees to discharge the debtor from liability, information that must be disclosed when negotiating a compromise with creditors outside of a judicial proceeding, and how debtors’ attorneys get paid for providing nonbankruptcy alternatives for debtors dealing with their creditors.

What happens when you represent a brick and mortar retailer, a newspaper or perhaps a coal-producer? What might be your client’s exit plan be? Leaning on other recent dying-industry experience, the panelists will explore various strategies on how the tough times ahead for such clients can be addressed in a bankruptcy, whether through a restructuring or a wind-down and liquidation of the company.

This panel will explore the emerging cannabis industry in the U.S., with a particular focus on California and nearby states. The panelists will discuss the impact of the legalization of recreational use, as well as the opportunities and challenges that have been created for investors, attorneys and financial advisors.

This panel will discuss the process of developing and implementing post-confirmation trusts, including the transfer of litigation claims to a trust, claimant direct claims vs. company claims, trustee with discretion vs. board with veto power, voting by beneficiaries, reporting, distribution issues, funding, post-confirmation jurisdiction and involvement of the bankruptcy court, trustee liability, quasi-judicial immunity and indemnification, and interim and final distributions and tax considerations.

This session will discuss the implications of this Supreme Court decision, whether gifting is over, alternative avenues of distributions outside of a plan (e.g., pursuant to DIP order, Short Bark), and remand issues in Jevic.

In recent history, nuclear and coal power have been under attack while gas and renewables have been thriving. Has that now changed? Disruptions to this industry, and the related bankruptcies, seem to be one of the few certainties. Join our experts as they discuss the future power-industry issues that you are likely to encounter.