Audio

This single plenary session will feature a policy-oriented panel discussing the reasons for municipal insolvency nationally, with a particular focus on the New England Region. The panel of highly-experienced government officials, municipal receivers and thought leaders will review and debate the challenges faced by state and local leaders in their efforts to address the financial stress facing many of our cities and towns. Among the issues to be addressed are: the pressures of labor contracts, legacy benefits, and pension and retirement plans on municipal budgets; creditor and bondholder relations; sections of the code that impact these issues; and trends arising from the most recent cases. The panel may also touch on needed Chapter 9 reform. Lawyers, lenders, insolvency specialists, as well as those interested in the future of our cities and towns, will be interested in this program.

Practical pointers on how to deal with student loans in the context of a chapter 7 or 13 bankruptcy.

The transformation rule/negative equity, deficiency claims upon surrender of collateral, the applicable commitment period, contract interest, § 1322(b)(1) as it involves fixtures and personal property, and assignments of rent, § 1322(b)(2) as it involves the timing of the analysis.

Claims Resolution Rules 3001 & 3002.2, claim amendments, lien-stripping and mortgages.

The challenges and difficulties of avoiding leveraged buyout transactions, covering emerging law involving LBOs including application of the § 546(e) safe harbor and collapsing such undertakings.

Cross-examination demonstration of financial experts valuing assets (measuring enterprise value by discounted cash flow, the income and cap rate approaches for real estate, and how such methods can be manipulated).