No CLE

Business

"Past President's Debate: Resolved: The chapter 11 model is no longer viable for middle-market businesses. Consumer Debate: Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts. Judicial Debate: Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."

An issue consistently raised during the course of the Consumer Bankruptcy Fee Study was the effect of higher bankruptcy costs and the cumbersome and time-consuming bankruptcy process on distributions to unsecured creditors. Given that increasing creditor distributions was a reason for BAPCPA’s enactment, that this question was ripe for exploration. Prof. Lupica will present the findings of her study and the panel will discuss.

Real Estate Issues in Health Care Restructurings

Homeowners and their creditors continue to face variety of emerging challenges in bankruptcy cases. What rights do lien holders have when only one of the obligors files bankruptcy? What potential issues await all owners after only one receives a discharge? Can a debtor modify a mortgage loan without reaffirming the debt, and if not, what are the considerations for all parties? This panel of experienced debtor and creditor attorneys will explore the many obstacles that complicate the goal of preserving a debtor’s interest in real estate and maximizing the return for secured creditors, as well as potential options and considerations for those seeking the relief they need.

Consumer

No asset cases, not so fast. The treasure trove of invisible assets: avoidable transfers, fraud claims, clawbacks and other approaches to finding assets in assetless cases.

This panel will discuss the challenges and techniques for getting business records, reports and electronic data into the record, including concerns regarding privileges. The panel will focus on the issues faced by bankruptcy practitioners who represent trustees, debtors in possession, committees and creditors.

This panel discussion will provide an update on recent developments regarding valuation in a distressed or bankruptcy environment. While some general valuation information will be included for context, the focus is on understanding the nature of current issues and their implications on future cases.