Audio

This session will examine the new Eastern District of Michigan (Detroit) program, touch upon the Eastern District of Michigan (Flint/BC) program, and compare and discuss programs in other districts. Panelists will explain the substantive and procedural differences for trial modifications, permanent loan modifications and plan modifications.

This session will cover the valuing of real property and subsequent trustee sale, carve-outs on real estate claims of exemption, equitable vs. legal title to property, and § 363 sales of foreclosed homes during the redemption period, as well as a discussion on rental properties and who gets the rent.

This session will include a discussion on the effect of prior state and federal court litigation, full faith and credit, res judicata, collateral estoppel, Rooker-Feldman and abstention.

Current Claims Issues in Chapter 13 Cases

This session will feature a discussion on 11 U.S.C. § 521 and FRBP 4002.

In a series of vignettes, two litigants will argue motions to compel before the bankruptcy court that are designed to explore the various types of evidentiary privileges that arise in bankruptcy practice — including attorney/client privilege, joint-defense/common interest privilege, Fifth Amendment and spousal privilege — and how such privileges may be inadvertently waived.

This panel will explain how to critically review tax returns and financial statements and address the issues and items a bankruptcy lawyer representing a debtor or creditor (both for consumer and business cases) should look for when reviewing financial statements and tax returns.

A panel of judges will discuss recent bankruptcy cases that impact business practitioners.

Selling financially distressed hospitals, nursing homes, senior living centers and other health care providers, including acute care hospitals, critical-access hospitals and continuing care retirement centers, presents many unique challenges not found in most “typical” bankruptcy cases. Identifying these important differences, and executing plans to deal with them, can make the difference between preserving the enterprise and being forced to liquidate. Legal, financial, political and regulatory traps abound. This panel will provide an overview of these considerations and highlight how to address these matters in relation to their particular significance within the Midwest region.