No CLE

This session will discuss both prosecuting and defending § 523 exceptions to discharge adversary proceedings. Rather than cover the substantive law governing what is dischargeable, this session will concentrate on strategies for prosecuting and defending these adversary proceedings, including what must be pled to state a claim for relief, strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or res judicata from prior litigation has an effect, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.

The panelists will lead a discussion about the relationship between race and bankruptcy, including decisions on whether to file, under what chapter to file, and the impact of race on professionals and other actors in the bankruptcy system. This session will also address the research about biases and perceptions regarding race and bankruptcy and what can be done about them.

Join notable experts as they dive into royalty interests: real property or contract interest?, abandonment and environmental liabilities, the Uniform Assignment of Rents Act, are foreclosure sale purchases protected from avoidance under § 547?, circuit split: application of anti-modification clause to mixed-use properties, § 363(h): an oft-forgotten-yet-powerful tool for co-owners of commercial real estate, in the absence of default, are landlords entitled to attorneys’ fees as cure costs upon lease assumption and assignment?, the meaning of “surrendering” real property under § 521, does termination of a lease constitute a “transfer” under 11 U.S.C. §§ 547 and 548?, and adequate-protection issues.

"Hosted by the Ethics & Professional Development and Real Estate Committees The panel discussion will focus on scenarios grounded in real estate and ethics, including ethical issues surrounding initial interviews and conflict checks, ethically pursuing cases posing potential good-/bad-faith issues due to cannabis-related uses of real property, whether “zealous representation” is still a guiding principle, whether one may ethically use internet “information” as a litigant and judge, and how to appropriately raise potential judicial misconduct."

In recent months, allegedAsexual harassment and assault claims against politicians, news anchors and Hollywood celebrities have been heavily publicized. Of course, such behavior is not limited to those industries and it is important that we remain focused on eliminating discrimination in our workplaces and in society as a whole. This panel will discuss the current climate, what we can try to do to prevent sexual harassment from occurring and how to effectively respond to claims when they arise.

The mock valuation trial will be a battle to remember pitting the public shareholders against the Debtor, its hedge fund DIP lenders and plan sponsors, and even the Creditors' Committee in order to preserve their equity value. The trial will be based on the case of Horsehead Holding Corp., Case No. 16-10287 (Bankr. D. Del.), and the hotly contested valuation dispute over plan confirmation. Everything you wanted to know about valuation methodologies, risk premiums, beta, debt/equity ratios, direct and cross examination strategies, expert testimony practice tips, and even commodity forecastinga"it's all here.

All types of hospitals — from acute care to highly specialized — are experiencing financial challenges. This is especially true for rural and nonprofit hospitals, which often rely heavily on slower and lower payments from Medicare and Medicaid. Often the best (or only) solution for a distressed hospital is a sale to a larger hospital operator or system. This panel will examine the unique challenges facing buyers and sellers in connection with such distressed hospital sales.

The restaurant industry, particularly the fast food and fast casual sectors, is under pressure from rising food and labor costs, the changing dining habits of millennials, and decreased foot traffic at retail shopping centers. This panel will examine those trends and explore potential strategies to maximize enterprise value, both in and out of bankruptcy court.

This panel will discuss strategies and key topics involving the restructuring or liquidation of retail operations. The panelists will address landlord issues and claims, as well as the interplay of §§ 363 and 365, among numerous related matters.

This panel will provide an overview of rights offerings and issues that frequently arise, including limitations under the securities laws as to which creditors can participate, what happens to those creditors who cannot participate, what is a backstop party, who has the right to participate in the backstop, how backstop parties are compensated, and the limitations on the use of § 1145 in connection with rights offerings and any securities subscribed for in rights offerings.