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No CLE

Preclusion Issues in Consumer Cases

This session will include a discussion on the effect of prior state and federal court litigation, full faith and credit, res judicata, collateral estoppel, Rooker-Feldman and abstention.

Presenting Experts in Bankruptcy Litigation

Contested evidentiary hearings in chapter 11 confirmation battles have one near-constant attribute: They are expert witness-intensive undertakings. Whether relating to the value of a secured lender’s collateral, the appropriate discount rate to be applied in valuing a payment stream provided under a plan, compliance with the best-interests-of-creditors test, feasibility or any number of other potentially contested issues, presenting expert testimony is at least worth considering, if not required. Panelists will focus on the presentation of expert testimony in contested commercial chapter 11 cases, identify the issues that may require expert testimony, discuss how to locate an appropriate expert, and offer their views on how to prepare and present an expert though the discovery and trial stages. This will not be a presentation on the same old real estate appraisal evidence that most experienced practitioners can recite in their sleep (“I considered the income approach, the comparable-sale approach and the cost approach.” YAWN). Rather, the panel will focus on presenting, and cross-examining, the sorts of sophisticated financial experts that testify regarding the various elements of plan confirmation.

Problems, Problems, Problems in Consumer Cases 1

This special session will include from three to four problems/dilemmas in the context of consumer cases (not chapter-specific).

Problems, Problems, Problems in Consumer Cases 2

This special session will include from three to four problems/dilemmas in the context of chapter 7 matters.

Professional Development Track: Civility in the Restructuring Profession

A panel of participants in ABI’s Civility Task Force will discuss the work of the task force in an interactive program designed to further the conversation about civility in our profession.
1 hour 27 minutes 28 seconds

Professional Development Track: Social Media: What You Don’t Know Can Hurt You

This panel will discuss a variety of issues arising due to the explosion of social media communications. Topics will include property rights, evidence, spoliation, ethics and trustee investigation duties.
1 hour 23 minutes 49 seconds

Professional Development Track: Training the Senior Partner

A panel of younger lawyers/financial professionals will talk about the issues and challenges of working for senior lawyers and suggest ways to improve the working relationship between senior and junior lawyers.
1 hour 4 minutes 23 seconds

Property of the Estate and Exemption Issues

This panel will consider the myriad issues involving exemptions and property of the estate, including timing issues involving exemptions (In re Hageman, 388 B.R. 896 (Bankr. C.D. Ill. 2008)), dollar-value exemptions (In re Gebhart, 621 F.3d 1206 (9th Cir. 2010)), limitations on the extraterritorial effect of exemptions (In re Long, 470 B.R. 186 (Bankr. D. Kan. 2012)), non-spousal inherited IRAs (In re Clark, 714 F.3d 559 (7th Cir. 2013)), tax refunds, limited liability company membership interests and § 522(b)(3).
1 hour 12 minutes 38 seconds