No CLE

Being a debtor isn’t a crime, but some debtors are criminals. This panel will discuss various ethical, civil and criminal issues that can arise in a bankruptcy case, including an attorney's duties following the discovery of possible criminal acts by a current/prospective client, how to get paid and not go to prison, the scope of the Fifth Amendment privilege, and obligations arising from a criminal subpoena.

Plenary Session

Valuation can be a squishy thing. This panel examines how valuation analyses and disputes can be shaped and impacted based on the shifting positions and perspectives of directors and their advisors. Minority investors may push back on management's projections; special and independent committees may change board dynamics and influence views regarding valuation inputs; interested parties without a direct line to the board may attempt to influence valuation through litigation or posturing. These and other scenarios can greatly impact how directors view and utilize the valuation process. Such scenarios can also have a significant impact on professionals advising regarding valuation. To whom does the professional owe fiduciary duties? How should the shifting board landscape impact the professional's advice? Must the professional seek direction from parties outside the board?

This panel will discuss what consumer practitioners need to know about individual Chapter 11s and how they differ from Chapter 13 cases

Since more individuals have been seeking relief under chapter 11, this panel will explore many of the challenging issues surrounding individual chapter 11 cases and things that practitioners need to know to successfully navigate these kinds of cases, including post-petition expenditures, plan requirements and absolute-priority issues, retention and employment issues, fiduciary duties and related items.

This panel will discuss the variety of issues that can arise in an individual chapter 11 case and will cover the issue of limited representation — the subject that the Ethics Task Force report presented at this year’s Annual Spring Meeting. This session will also be of interest to counsel representing lenders, who are often just as befuddled when it comes to handling individual chapter 11 cases.

When are they the right option? Absolute priority rule, conversion to and from chapter 7. Non CLE.

The challenges and difficulties of avoiding leveraged buyout transactions, covering emerging law involving LBOs including application of the § 546(e) safe harbor and collapsing such undertakings.