No CLE

This panel will discuss what liquidation expenses are; proofs-of-debts costs; submission, adjudication and appeals; creditor committee costs; trusts; liquidators as trustees (Berkeley Applegate); and liquidating trusts.

This session will cover several confirmation hot topics, including the allowance of mass tort issues, equity-linked DIP facilities, Purdue and third-party releases, exclusivity, mootness, good faith and other confirmation issues.

This session will discuss the broader policy debate on the usefulness, functionality and policy issues of examiners and trustees in chapter 11. ➤ Bankruptcy examiners drive up the cost of the bankruptcy process and generally do not deliver benefits that justify their expense and distraction. ➤ Bankruptcy examiners play an important role in ensuring the integrity of the bankruptcy process and should be appointed more regularly. ➤ Typically, it should be the role of an official committee, rather than an examiner, to investigate estate causes of action in circumstances that implicate the debtor’s insiders such that the debtor is conflicted.

Judicial Debate: Tough Issues in Subchapter V Cases Past Presidents Debate: The Efficacy of Third Party Releases

If you suddenly became the owner of Batman’s secret cave, would you know how to value it, lease it or sell it? Could you transfer it in a § 363 sale, or could you cancel any claims Batman and others may have on the permanently installed Bat Computer? This session reveals the panelists' oddest adventures in real estate, and the latest in commercial real estate trends.

Now that subchapter V's first three years are in the rearview mirror, this session will pull back the curtain on this latest reorganization tool to discuss what is (or is not) working. Attendees will hear from three practicing subchapter V trustees, a career bankruptcy law clerk, and a bankruptcy judge with an active subchapter V docket to examine what practitioners are doing right, and what they are doing wrong, when representing clients in subchapter V cases.

This panel will explore the thorniest questions that have plagued the courts and created circuit splits regarding consumer bankruptcies, including: Does the Bartenwerfer rule only apply to partnerships and agencies; how much, if anything, may chapter 13 debtors contribute to 401(k)s; who gets post-petition appreciation in a home in chapter 13; and are trustees paid if dismissal precedes confirmation?

This panel will discuss how secured creditors can inadvertently find themselves junior in priority, diminishing the value of their loans, and how they can protect themselves.

In this session, financial professionals will discuss understanding the client's current financial situation, tax implications of attorney decisions, and how to build projections and budgets.