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Avoidance Actions

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.

Avoidance Actions

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.

Bank Issues

This panel will review and discuss recent bank issues in light of the recent failures of Silicon Valley Bank and Signature Bank, and the near-miss with First Republic.
1 hour 11 minutes 11 seconds

Bankruptcy Alternatives and High Times

Panelists from around the Central States region will discuss the current status of receiverships in their states, with a specific focus on cannabis cases.
1 hour 15 minutes 20 seconds

Bankruptcy and Divorce

What is a DSO, and what does that bankruptcy provision in every Property Settlement Agreement mean, anyway? What debts are dischargeable, and if it is called “support,” is it truly support? Does the stay need to be modified post-petition in a chapter 13, and what do you do when a current chapter 13 client ends up in divorce court? This panel will address these questions and more, including the differences between chapters 7 and 13, and what actions are stayed.
1 hour 16 minutes 21 seconds

Bankruptcy Court Jurisdiction and Standing

This session will delve into what is happening at the circuit level regarding jurisdiction and standing, and how both bankruptcy practitioners and judges could be affected — regardless of what types of cases they typically see.
52 minutes 49 seconds