No CLE

A panel of eminent U.S. 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.

Absolute priority rule, § 1115, disposable income, etc.

As if the Bankruptcy Code doesn’t give us enough to ponder, bankruptcy practitioners must consider the impact of the U.S. Tax Code on the decision-making process. This session will address the Internal Revenue Code “section 1398 short year” election and separate entity rules, discharge of tax claims, cancellation of debt (COD) income, and tax issues arising from mortgage modification, foreclosure, and transfer or abandonment of property.

The Power to Veto Bankruptcy Sales: Sports Leagues and Other Franchisors

But I Thought We Were Safe: Are Priority Claims and Legacy Employee Liabilities at Risk in a 363 Sale?

“Group Privileges”: What are the limits of the attorney-client and work-product privileges that can be asserted by official committees and their members? Ad hoc committees and their members? Bank syndicates and their members; Conflicts: Latest developments in disclosure and disqualification, the use of conflicts counsel, UST Guidelines, etc.; The New U.S. Trustee Guidelines: What ethical concerns are raised by the new UST Guidelines on professional retention and fee applications (including issues relating to attorney/client privilege)? Are there limits on the proper disclosure of a firm’s billing practices and/or “blended” rates?

Fraudulent conveyance post-TOUSA; direct/indirect benefit; § 550(d); update on in pari delicto; clearing firm as initial transferee in Ponzi scheme (Goldman Sachs v. Bayou); update on case law (e.g., Stern v. Marshall and Madoff); pre-emption (TOUSA, Tribune, Lyondell); safe harbors; insurance issues (sequencing of claims in litigation, policy exclusions, DIP/committee same as pre-petition insured?); venue (Patriot, HMH)