Skip to main content

No CLE

The Party’s Over — or Is It? Secured Creditor Issues at the End of a Chapter 13 Case

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.

The Potential for, and the Challenges of, Mediation in Cross-Border Insolvencies

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.
56 minutes 24 seconds

The Retail Business Is Booming (in Bankruptcy)

This panel will feature a discussion on retail bankruptcy issues from the perspective of debtors, landlords, liquidators, financial advisors and creditors.

The Rights of Secured Creditors in a Commercial Fraud Case

Hosted by the Commercial Fraud and Secured Credit Committees. This panel will take a fresh look at secured creditor rights and unique solvency issues in fraud and Ponzi cases. Learn how to avoid being trumped in federal forfeiture proceedings or paying on bankruptcy clawback claims by treading in the safe harbor of § 546(e) — and learn how to navigate the shoals of receivership
58 minutes 17 seconds

Third Party Litigation Funding and Issues It Creates in Bankruptcy Cases—This Ain't Your Father’s Contingency Fee Arrangement!

The panel will discuss myriad issues (including ethical issues) that have arisen, and will likely arise in the future, as the current trend of third party litigation funding begins to be a more common funding vehicle in bankruptcy cases.

Thursday Luncheon Keynote

Optimize Cognitive Fitness: The Connection Between Lawyer Wellbeing and Performance

Time for Trial: Presenting Evidence in Contested Matters Before Bankruptcy Courts

This panel will explore presenting evidence in contested matters before bankruptcy courts, including laying proper evidentiary foundations, attacking evidentiary foundations, common evidentiary objections, and strategic considerations in presenting or contesting evidence in a contested matter before a bankruptcy court — along with insight from an experienced judge on the most effective strategies and judicial preferences.

Trends in Secured Financing, DIP Lending, Cash Collateral and Exit Financing

This panel will discuss current trends and recent decisions in cash collateral usage, debtor-in-possession financings and exit financings, including strategies for effectively negotiating such financing arrangements, best practices and addressing common objections.
1 hour 8 minutes 58 seconds

Trusts and Other Interests

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.