No CLE

This session will cover why some out-of-court restructurings fail (EFIH, Walter) while others succeed, MNPI, trading and disclosure issues, no-shop provisions, holdouts and free-riders, and Trust Indenture Act issues.

Topics will include § 363 sale best practices to avoid Family Christian pitfalls, notice issues in light of Motors Liquidation Co., finding creditor consent, identifying highest and best offers, reopening an auction, and post-sale issues such as structured dismissals without a plan.

In the first decision addressing the point, the Ninth Circuit held that there’s a difference between an insider and a claim held by an insider. The ruling blessed an insider’s sale of a claim, relieving the claim of any taint and allowing the new holder to vote on confirmation. The panel looks at the developing issues on whether the buyer is a nonstatutory insider and whether the plan can be pursued in good faith after such a sale.

What happens when the lender or debtor is missing key documents or has inadequate documentation? What if there is a lack of original signatures? These and other practical topics will be discussed.

This ethics session will discuss the various disclosure obligations that exist in consumer cases.

In the Massachusetts economy of the 21st century, insolvency professionals are increasingly called upon after it is too late to save a small business. Thus, our practice is increasingly liquidation-focused, requiring the professional to seek to engage in a process that both tightly controls cost and maximizes value. This panel will explore some of the challenges faced in this area, and will focus on such topics as developments in out-of court liquidations (ABCs, self-managed liquidations and other possible structures), setting up a sale process and the prospects for a viable auction, disposition of intellectual property (particularly where the IP portfolio is of limited value) and other unique assets such as liquor licenses, the liquidation of nonprofit debtors, and the possible use of chapter 7 as an effective disposition tool.

This panel will explore cutting-edge issues dealing with the ethical implications of social media and advancing technology on the practice of law.

Discussion of issues suited for cross border mediation, different mediating styles and local practices, judges as mediators, ethics and conflicts of interest, the ABI Model local Rule and much more.

Payment of property taxes remains a recurring problem for many homeowners. Frequently, they do not understand what taxes are required to be paid, what interest rates are being charged, and what the consequences of nonpayment are. What is the process for property tax foreclosure? How long is the redemption period? Is there a point when a chapter 13 case can no longer be effective in dealing with property taxes? What if the taxing authority enters into repayment plans during or after the redemption period? What is the effect of these plans when an individual files for bankruptcy in the midst of a repayment program? What property interest, if any, does the debtor retain after foreclosure, or after redemption? How does a debtor address delinquent property taxes in his or her schedules?