No CLE

Constitutional and bankruptcy law issues raised by post-bankruptcy claims asserted by tort claimants, including finality of § 363 sale orders and due process.

This panel is part of our continuing series on drafting skills for bankruptcy and restructuring attorneys. The panel is intended to provide a practical “how to” discussion and analysis of drafting chapter 11 plan documents including the Disclosure Statement, the Chapter 11 Plan, Liquidating Trust Agreements, and related document. The panel will provide form documents and discuss heavily negotiated or scrutinized provisions in these documents.

Resolved: A chapter 11 plan can grant a third-party release. Resolved: A bankruptcy judge can disband a creditors’ committee. Resolved: Filing a proof of claim on a time-barred debt violates the FDCPA

This panel will discuss elected issues in health care and non-profit cases, including Medicare issues; confirmation issues including feasibility and application of the best interest test and absolute priority rule in non-profit cases; director and officer liability issues; and conflicts between state law and the Bankruptcy Code.

Health care is a key industry in which restructuring work will likely continue to grow in the coming years. This panel will discuss issues unique to health care insolvency, including sales of assets to for-profit and not-for-profit buyers, compliance with applicable nonbankruptcy law (i.e., federal and state regulations, including all state attorney general requirements), regulatory concerns such anti-trust laws and the Health Insurance Portability and Accountability Act (HIPAA), and the liabilities surrounding the transfer of Medicare provider agreements and Medicare and Medicaid recoupment and setoff.

This panel will highlight problems with loan documentation and transfer, escrow issues in proofs of claim and post-petition, proliferation of automatic stay and discharge violation litigation, and the impact of regulatory developments in the treatment and servicing of mortgage loan claims.

This session will include a discussion of coverage, the need for coverage, covered and non-covered conduct. The panel will provide insight into common and esoteric issues in bankruptcy cases involving D&O and E&O policies, and trends that arise during a claim for D&O and E&O liability insurance coverage.

This year’s hot topics will include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7. The panel will discuss a new Ninth Circuit BAP decision, one of only two in the country, concerning the dischargeability of certain student debts to for-profit institutions, as well as an emerging trend of using the Eleventh Circuit Crawford decision and the FDCPA to challenge “stale” proofs of claim for student debt. The presentation will address lenders refusing to retake abandoned collateral, as well as conflicting results from disposable-income tests, and other issues that will be of interest to those representing parties in consumer cases.

This session will discuss recent bankruptcy cases and their anticipated impact on business bankruptcy cases, as well as new trends.