No CLE

This panel will discuss the rationale and practical consequences of the nuanced approach to the often difficult concept of valuation in Chapter 11 taken by the ABI Chapter 11 Commission’s recommendations.

Do you work with consumers, financial service providers, student lenders, banks, mortgage lenders, servicers, or brokers in bankruptcy matters? If so, this must-attend webinar will introduce you to the CFPB and update you on its past and current activities. Understand why, even in a bankruptcy, you need to learn about the CFPB.

PRESENTED BY THE UNSECURED TRADE CREDITORS AND BANKRUPTCY LITIGATION COMMITTEES Understanding the latest in 503(b)(9) claims is a must for any practitioner. Debtor-side attorneys need to appreciate the implications that 503(b)(9) claims may have on their case strategy. Conversely, in order for creditor-side attorneys to maximize recoveries, they must likewise understand what constitutes a 503(b)(9) claim and when they may be asserted both offensively and defensively. This panel will explore the latest hot-button legal issues and the recent trends in 503(b)(9) procedures. Attendees will come away with practical guidance and tips in dealing with 503(b)(9) claims. *ABI will seek 1.25 or 1.50 of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. Credit hours granted are subject to approval from each state, which may not be determined prior to the program.

PRESENTED BY THE CONSUMER BANKRUPTCY COMMITTEE Effective December 1, 2015, most official bankruptcy forms were updated and reformatted. On November 16th, the Consumer Bankruptcy Committee hosted a webinar that introduced and discussed many of the pending changes to the forms. The committee is now hosting a follow up webinar where speakers will discuss B 410, the proof of claim form; and B 410 - A, the supplement for a secured claim in a debtor’s residence. Reviews of these changes, from both practitioners and trustees, have been very mixed since their release – and now we want to hear from you! Not only will this webinar allow speakers to discuss pros and cons of these two new forms, but attendees will have ample time to answer polls, ask their own questions, and provide feedback. *ABI will seek 1.25 or 1.50 of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. Credit hours granted are subject to approval from each state, which may not be determined prior to the program. CLE is available for pre-sale only and will not be available post-webinar.

PRESENTED BY THE BUSINESS REORGANIZATION COMMITTEE This webinar will address the increasingly significant topic of how to maximize the value of customer data and intellectual property in chapter 11 cases. In particular, the panelists will address the importance of adding intellectual property and customer data to a company’s pre-bankruptcy “checklist,” value maximization best practices, the role of consumer privacy ombudsmen and governmental entities in connection with sales under Section 363, and potential privacy and other pitfalls faced by debtors in chapter 11 cases. *ABI will seek 1.25 or 1.50 of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. Credit hours granted are subject to approval from each state, which may not be determined prior to the program. CLE is available for pre-sale only and will not be available post-webinar.

Panel #1 Financing and Restructuring Alternatives Available to Distressed Borrowers Prior to Filing for Bankruptcy; Will Include a Market Overview of the Current Lending Environment Panel #2 The Restructuring Process, Including DIP Financing in Bankruptcy and Emergence Lending Options and Opportunities

John Hutton and Henry Jaffe will discuss the recent Second Circuit successor liability decision in the General Motors case, which reversed the decision of the bankruptcy court, and exposed “New GM” to successor liability claims by various categories of plaintiffs who sustained (largely economic) injuries prior to the sale as a result of the ignition switch defect, but did not receive actual notice of the sale. The presenters will discuss the main issues and arguments presented and addressed in the GM successor liability decision, and will discussing the potential impact of the Second Circuit’s ruling. Such issues include: (1) notice/due process (and remedies related thereto), (2) the requirement to show prejudice, and the Second Circuit’s treatment of the prejudice issue; (3) the ability to sell free and clear of in personal liabilities; and (4) equitable mootness.

HOSTED BY THE LEGISLATION COMMITTEE The “safe harbor” under section 546(e) of the Bankruptcy Code protects from avoidance certain securities, commodities and financial transactions. Similarly, section 547(c)(6) protects the fixing of true statutory liens from preferential transfer avoidance. This year, the scope and application of the section 546(e) safe harbor has been reshaped by several courts, including the Second and Seventh Circuits. Panelists will discuss recent case law affecting the effectiveness of section 546(e), helping shareholders and other parties in interest participating in an LBO to examine the issues and different results produced by the courts. Panelists will also discuss how recent oil & gas bankruptcies have reignited an expansion of the section 547(c)(6) safe harbor.

CO-HOSTED BY ABI AND THE THE NATIONAL ASSOCIATION OF FEDERAL EQUITY RECEIVERS Ponzi scheme cases almost always have a hard landing in either a bankruptcy or receivership proceeding. Depending on which administrative filter is imposed on a Ponzi scheme case, the rights of the fiduciary administering the case as well as the rights of creditors and investors can vary significantly. Kenneth Bell, the receiver of ZeekRewards, one of the largest Ponzi scheme cases ever, and Brian Bash, the bankruptcy trustee presiding over the sizeable Fair Finance Ponzi scheme case, will compare and contrast their experiences in unwinding the frauds in their cases and returning funds to defrauded victims. Stephen Harbeck, the CEO of the Securities Investor Protection Corporation, will add his insights into the administration of a SPIC proceeding like the Bernard Madoff scheme. The presentation will cover a range of topics typically arising in these types of cases including: The obligations and duties of the different types of fiduciaries Reaching assets and defendants nationwide and worldwide Large classes of fraudulent transfer defendants Substantive consolidation The claims process Stays of litigation