No CLE

This panel will cover disclosure obligations, disinterestedness standards and avoiding disgorgement.

Contrary to urban legend, the Federal Rules of Evidence do apply in bankruptcy court. In this two-part session taught by U.S. Magistrate Judge Robert E. Larsen there will be everything a practitioner needs to know about trying a federal case. If you took Evidence 101 in law school and have even a vague recollection of basic relevance and a primitive understanding of hearsay, you will discover that there are only five types of witnesses and five kinds of exhibits, learn the evidentiary foundation and disclosure requirement for each, and leave the sessions equipped to try virtually any federal case - civil or criminal, bench or jury.

A continuation of a two-part session with everything a practitioner needs to know about trying a federal case. everything a practitioner needs to know about trying a federal case.

Do directors’ duties or decision processes change when the company’s conditions worsen? Is there still any implication to a “zone of insolvency”? How do directors’ duties change in bankruptcy? What duties are there to secured and unsecured creditors? Are there duties to controlled affiliates or their constituencies? Are there process protections? Quadrant (Delaware decision on board action).

You Are Selling My What? Valuation and Sale of Intellectual Property and Customer Information by a Distressed Company

Student loan debt has created a significant and growing national economic crisis. This panel will explore dischargeability issues and also discuss how student loan debt affects all of us – even those without student loans to pay off

It has been more than 35 years since the last major overhaul of the laws governing individual chapter 11 cases. A widespread consensus is now emerging among the judiciary, practitioners and academics that the U.S. Bankruptcy Code requires modernization, particularly with respect to the framework governing individual chapter 11 cases. ABI’s Endowment Fund has commissioned an empirical study, the “ABI Individual Chapter 11 Study,” and a preliminary report will be considered in early 2015. This panel will discuss and debate various views as to what revisions should be made to the laws governing individual chapter 11 cases.

Your favorite judges will answer the most difficult questions fielded from ABI members in the weeks before this event and from members of the audience. Hear the judges provide their input on best practices, interesting arguments and the current state of the law.

This session will discuss the various issues that exist in chapter 7 cases but are frequently overlooked, including § 350 motions to reopen, § 365(p) lease assumptions, § 366 utility motions, post-petition loan modifications, and debtors’ attorneys’ responsibilities regarding reaffirmations.