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Service and Due Process in the Age of Technology

This panel will cover how to serve notice in a bankruptcy proceeding and will explain the difference between a contested proceeding and a simple notice under Rule 2002. The panelists will discuss how a notice can also become a contested proceeding by virtue of notice. Sounds confusing? It isn’t, yet it is incredibly important to ensure that due process is followed. You may have a lengthy list of creditors in your client’s chapter 13 case, but if only 15 creditors file claims, why should the remaining creditors be noticed after the claims deadline has passed? The panelists also will discuss the rules we now have that allow for limited noticing and limited titling under Rule 7004(b)(3).

Shall We Dance?

This panel will explore various perspectives on the so-called “Texas Two-Step” bankruptcy technique, including whether it’s something that could (or should) be exported from the U.S.

Smooth Sailing: A Guide to Navigating the Choppy Waters of Health Care M&A

This panel will cover the various overlapping bankruptcy law and regulatory issues facing the transfer of a health care business, including financing obstacles, license transfers, successor liability, recapturing of Medicare or Medicaid overpayments, attorney general consent procedures, and related governmental issues particular to health care transactions. This practical panel will include tips of the trade for paving the way to a smooth closing and transition.

So We Own a Plane in Mexico: Asset Recovery and Cross-Border Insolvency

This panel of experts will discuss and analyze asset-recovery issues in cross-border insolvency situations.
58 minutes 57 seconds

So You Think You Can Mediate: A Guide to Upping Your Game

This panel will cover assessing and negotiating a fee structure, how to prepare for the mediation, guiding participants toward making mediation statements useful, and tips for breaking the impasse.

So, You Think You’re an Expert on Evidentiary Issues?

Think you can cross-examine the opposing expert on her/his opinions that have been rejected or criticized in the past? Not so fast. What’s the appropriate premise of value? How many feet from the deathbed does the debtor have to be to adopt a liquidation premise? Does satisfaction of a contractual obligation conclusively establish reasonably equivalent value? Must you also avoid the obligation? What are the ways to establish compliance with industry standards under § 547(c)(2)? Will a fact witness suffice? What do you do when the opposing expert (or your own!) offers an opinion that’s not disclosed in the expert’s report? This panel of experts, litigators and a retiring judge will tackle these common-but-complex evidentiary issues.

Staying Out of Jail—Dealing with Civil and Criminal Contempt

The panel will address the legal framework by which bankruptcy courts and federal district courts are authorized to hold parties or attorneys in contempt of court. The discussion will focus on the authority of the bankruptcy court, as an Article I tribunal, to enforce the Bankruptcy Code and its orders through civil contempt powers and the penalties associated with those powers. The panel will also cover applicable law and procedure in relation to seeking criminal contempt in the federal district court.
1 hour 6 minutes 4 seconds

Student Debt/Student Loans

The steep rise in student loan debt is one of the most pressing issues our country faces as it strives to create a more just and equitable society. Getting a college degree has become steadily more expensive, and graduates are often left with overwhelming debt burdens that sometimes take decades to repay. Coupled with the nondischargeability of student debt under the Bankruptcy Code, the “student debt problem” has become one of the most pressing issues of our time. This panel of experts will discuss how this problem could be addressed in a way that is equitable, fair and effective under the existing Bankruptcy Code, as well as possible reform.
1 hour 14 minutes 7 seconds