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Great Debates

"Past President's Debate: Resolved: The chapter 11 model is no longer viable for middle-market businesses. Consumer Debate: Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts. Judicial Debate: Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."
1 hour 13 minutes 40 seconds

How to Hire the Right Financial Advisors

"How to Hire the Right Financial Advisors" will provide attendees with an overview and basic understanding of the different types of financial advisors that may be relevant for in- and out-of-court cases. Our experienced panel will provide an informative discussion about matching the right type of financial advisor with the specific needs of each case, drawing upon both empirical examples and their own personal experiences. This is a perfect session for junior attorneys and/or attorneys with more limited experience in the bankruptcy environment. Topics include: • The different types of financial advisors available; • The benefits and limitations for each category of advisor; and • How to select the right advisor for the job.
1 hour 11 minutes

ABI presents - Supreme Court Preview

With the Supreme Court due to hear oral argument on a critical bankruptcy case on January 14, ABI has released the following free video preview of the upcoming High Court bankruptcy cases. This 75 minute program features ABI Resident Scholar Kara Bruce talking with noted appellate advocate and law professor Eric Brunstad (Dechert LLP; Hartford, Conn.). Eric has argued many cases before the Court and is an expert in bankruptcy appellate practice. He discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. The latter case will be argued in January and represents another opportunity for the Court to clarify (or reverse) its holding in Stern v. Marshall. He also provides a candid view of what it is like to argue a case before the Court.

Risky Times for Secured Lenders and Servicers: Living with the New CFPB Mortgage Servicing Rules

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).
1 hour 1 minutes 54 seconds

Risky Times for Secured Lenders and Servicers: Living with the New CFPB Mortgage Servicing Rules (continued)

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).
57 minutes 41 seconds

Risky Times for Secured Lenders and Servicers: Business Lending: Navigating What Lies Ahead

With the economic challenges over the past five years, the lending landscape has changed dramatically. The boundaries for commercial and alternative lenders have changed, and borrowers’ options for financing are continuing to develop. Learn what commercial and alternative lenders can (and cannot) do for a borrower and how financing structures have become more creative to fit the needs of borrowers. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).
1 hour 8 minutes 54 seconds