No CLE

This is the first of three webinars stemming from ABI's recently published book Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case. Each webinar takes an in-depth look at areas of specialty, challenge and reward for forensic accountants and the professionals who work with them in commercial fraud cases. The second and third webinars will be: FRAUD AND FORENSICS: THE EXPERT WITNESS IN A COMMERCIAL FRAUD CASE - DECEMBER 9, 2015, 1:30 - 2:45 PM ET FRAUD AND FORENSICS: THE LAWYER AND FORENSIC ACCOUNTANT WORKING TOGETHER - JANUARY TBD This webinar will highlight important aspects of the investigation phase of a commercial fraud case from the perspective of a forensic accountant. Featuring three authors of the recently published Fraud and Forensics: Piercing the Deception in a Commercial Fraud Case, the presentation will cover different types of commercial fraud and how to detect it, along with the investigative techniques necessary to leverage witness information and the cache of data available on social media outlets. The panelists will also discuss cash-flow analysis, data-collection techniques, and methodologies for creating a database.

“Most official bankruptcy forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015.” – U.S. Courts These new forms are part of a forms modernization project that was begun by the Advisory Committee on Bankruptcy Rules in 2008. Among other things, the new forms introduce different versions of case opening forms for individual debtors and non-individual debtors. The new forms are easier for debtors to understand and complete and are designed to work with scheduled enhancements to the federal courts’ case opening and electronic case management system. Join members of the Advisory Committee on Bankruptcy Rules, as well as a software expert from Stratus BK, to learn about the new forms.

This webinar will discuss the effect of the hanging paragraph under § 523(a)(1), post-petition issues, considerations in filing tax returns for the individual chapter 11 debtor, and tax implications for trustees in administering debtors’ estates. The panel will also address the following questions: 1)Are any tax debts dischargeable in chapter 7? 2)What happens to installment agreements during the pendency of a bankruptcy case? 3)What happens when debtors default on offer and compromise agreements? 4)How does the IRS compute and impose fines and penalties post-petition, and where can the debtor access this information?

Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.

It's become increasingly popular for businesses, developers and project sponsors to take advantage of specialized tax credit programs at the federal and state levels designed to incentivize investment in affordable housing, low-income communities and historic preservation. Bankruptcy and workout professionals should have a basic understanding of these tax credit programs and the unique issues that can arise in workouts and bankruptcies involving projects financed through the use of tax credits. This webinar will cover: 1)Low-Income Housing Tax Credit (LIHTC); 2)New Market Tax Credit (NMTC); 3)Historic Tax Credit (HTC) programs; 4)And will explore some of the unique issues and challenges that arise in workouts and bankruptcies involving projects financed through such programs. ABI will seek 1.5 hours of general CLE credit in 60-minute-hour states and 1.75 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. ABI does not seek direct accreditation of live webinars in KS and OH. Credit hours granted are subject to approval from each state, which may not be determined prior to the program.

This panel will discuss how lawyers and FAs can work together in creating clear client expectations by defining for the client both the lawyer’s and FA’s work scope. Additionally discussed will be the fee structure involved in the retention of FAs both as company advisors and expert witnesses. Finally, this panel will explain in detail what can be done to make our mutual clients happy with both the lawyers and FAs in the obtained results.

This panel will discuss and debate, from varying perspectives, the rise in formation of official equity committees in chapter 11 cases, how advisors can reach different valuations to support or oppose their formation, the role of the Office of the U.S. Trustee, and the ultimate value added to the estate.

Distressed companies usually show declining financial performance prior to failure. This session will focus on key financial ratios such as liquidity, leverage and coverage, as well as a firm’s sources and uses of funds, cash-conversion cycle and free cash flow, both before and after restructuring.

In today’s post-BAPCPA environment, why file for bankruptcy at all? Consideration of alternatives, including out-of-court restructurings, state law restructuring statutes, ABCs, foreclosures; receiverships; discussion of common problems, including solicitations and hold-outs.

A panel of eminent professionals will discuss current trends in U.S. insolvencies and restructurings, explore current legislation, comment on developments in the financial sector for distressed lending, and highlight any emerging trends. In a break with tradition, the panel will also look at the interaction between the US and Europe in restructurings.