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Stern v. Marshall: One Year Later

Stern v. Marshall: One Year Later In June 2011, the Supreme Court issued its watershed decision in Stern v. Marshall, restricting the scope of bankruptcy court jurisdiction under Article III of the Constitution. Stern has confounded judges, litigants and commentators alike. Although characterized by the Supreme Court as a “narrow” decision, Stern is proving to have widespread implications, the full extent of which remain to be seen as cases work their way through the bankruptcy, district and appellate courts. This panel will survey the contexts in which Stern has posed issues, the decisions construing and applying Stern in the year since it was decided, and the possible legislative responses to the decision.
1 hour 27 minutes 18 seconds

Subjecting Business Projections to Scrutiny in Valuation Disputes

Financial projections are the foundation for most enterprise valuation. How much deference should management projections be accorded? How do you determine whether projections are unrealistically optimistic or pessimistic? What is the relevance of "market consensus"? How do management's incentives impact projections? Hear what this ABI panel of experts has to say on business projections and more at this live webinar. Approved for 1.0 CLE hours in CA, GA, HI, IL, NY (approved jurisdiction policy) SC, TX. Pending in DE, FL, PA, TN
1 hour 3 minutes 15 seconds

The Graduate…Is Broke: The Effect of Student Loans on the Economy, Society and the Practice of Bankruptcy Law

The Graduate…Is Broke: The Effect of Student Loans on the Economy, Society and the Practice of Bankruptcy Law The Effect of Student Loans on the Economy, Society and the Practice of Bankruptcy Law

The Intersection of Bankruptcy and Family Law and Managing an Asset Chapter 7 Case

This panel will discuss domestic support obligation (DSO) and alimony/property settlement dischargability issues. When does the automatic stay apply and not apply? Should a bankruptcy be considered before, during or after the divorce? What about exemptions? In addition, the panel will discuss the threshold amount that a trustee is likely to pursue, as well as locating real estate assets and checklists for managing a real estate asset. The panel will also examine procrastination as the greatest enemy of a chapter 7 trustee, and pushing an asset liquidation to closing as quickly as possible.

The Intersection of Criminal Law & Bankruptcy

When issues such as criminal fraud and embezzlement raise their ugly heads and there are potential nondischargeability issues, how do you guide a debtor through bankruptcy while still protecting his right not to incriminate himself? It is a delicate balance that affects all consumer attorneys, trustees and creditors. In this panel, practitioners will discuss strategies to aid in navigating the bankruptcy process when criminal charges are looming. The panel will consist of bankruptcy practitioners, criminal defense counsel and a trustee and will discuss how to help such debtors safely navigate the bumpy legal waters.
1 hour 30 minutes 23 seconds

The National Mortgage Settlement: How Will It Affect Consumer Bankruptcy Cases?

Consumer Track - The National Mortgage Settlement: How Will It Affect Consumer Bankruptcy Cases? Although the impetus for the $25 billion settlement was robosigning issues in foreclosure cases, many of its provisions affect residential mortgage loans in consumer bankruptcy cases. The panel will discuss the terms of the consent judgment, which will impact the handling of home loans by debtors, the affected servicers, the USTP and the bankruptcy courts.
1 hour 23 minutes 47 seconds