No CLE

BAPCPA contained a number of provisions meant to assist the debtor in the art of valuation. The valuation process is more important than ever given recent Supreme Court rulings on exemption limits. This panel will revisit the statutory provisions of the Code and discuss recent cases dealing with the appropriate methodology to be employed by the debtor when completing the bankruptcy schedules — and how that valuation impacts the ultimate administration of the case by the trustee.

In 2009, Fairfield Sentry Ltd.’s liquidators commenced litigation in the BVI and the U.S. to recover more than $6 billion from redeeming investors. This panel discussion will discuss the basis for clawback claims generally, the recent decision by the Privy Council, and the impact of the decision for trustees, liquidators and redeeming investors going forward.

This panel will focus on the possible consequences of ASARCO, Wellness, and Bank of America v. Caulkett

Former Irish Prime Minister, who helped transform the Irish economy into the "Celtic Tiger," when it became, for a period of 12 years, one of the fastest growing economies in the world.

NO CLE Credit Available - Free Session. Join in a dialogue led by former ABI Presidents: Richardo I. Kilpatrick Kilpatrick & Associates, PC; Auburn Hills, Mich. Melissa Kibler Knoll Mesirow Financial Consulting, LLC; Chicago Michael P. Richman Hunton & Williams LLP; New York

This session will discuss Law v. Siegel and its implications for debtors’ exemptions,amendments to exemptions, and trustee tools to object to exemptions post-Law v. Siegel. This session will also explore the divergent case law emerging from the dicta in the Supreme Court’s opinion, and what it means to debtors and trustees going forward.

"This session will discuss the different procedures, legal standards, remedies, burdens of proof and case law applicable when litigating violations of the automatic stay and violations of the discharge injunction in both chapter 7 and chapter 13 cases. "

While case flings are down, the disputes that rage on in the cases have continued on. The panel will address three (3) selected litigation issues impacting the process: (a) Discovery Matters In Bankruptcy Cases – “Get to the point, get there quickly, get there cost effectively, and get the facts and documents organized”; (b) Expert Witness Matters – “If they know more than you, they must be an expert – right?” Bankruptcy Judges are becoming more discriminating (and more selective) in who and what is a proper expert and the purview of expert testimony. The panel will discuss and explore the Daubert criteria for experts, and discuss practical and strategic issues related to the effective use of expert testimony in bankruptcy litigation; and (c) Examiner Reports In Bankruptcy Litigation – we paid a lot of money and used up a lot of time on this report – now what? The legal and strategic issues related to examiner reports in bankruptcy cases.