Audio

This panel will discuss the diverging good-faith and bad-faith standards governing dismissal of bankruptcy petitions under § 1112(b)’s “for cause” provision, including for an alleged lack of financial distress in the wake of the Third Circuit’s LTL decision in 2023. The panelists also will discuss post­-LTL efforts to impose a similar standard in the Fourth Circuit in the Bestwall and Aldrich & Murray cases, which thus far have been unsuccessful.

For many reasons, distressed commercial real estate appears to be a part of the foreseeable corporate landscape. As businesses wrestle with back-to-the-office issues and retail bankruptcies, the market is bracing for an influx of tenants and landlords struggling with increased interest rates and property owners addressing debt maturities with an often-shrinking tenant base. This panel will help attendees navigate the effects of these issues, and what they could mean for investors and restructuring professionals, by presenting the perspectives of landlords, debtors, committees and lenders, as well as the bench.

This interactive and informal panel will discuss pathways to promotion, navigating the judicial selection process or preparing for an award or similar application, and how to effectively promote others applying for recognitions or awards. The panelists also will provide tips for harmonizing personal and professional lives.

This panel will discuss the forthcoming SCOTUS opinion in Purdue and other seminal cases of the year.

This panel will discuss current ethical issues confronting attorneys who practice predominantly in the consumer bankruptcy arena, including attorney compensation and fees, potential conflicts of interest, limited representation/engagements, and counsel’s duty to investigate/"reasonable inquiry."

This panel will explore best practices for getting your case from the initial consult stage to final judgment on the merits by presenting a hypothetical fraud scenario with multiple interested parties. This must-do skills workshop is for anyone focused on litigation in bankruptcy court.

This panel will provide guidance and shortcuts on finding, recalling and complying with a variety of bankruptcy rules that are easily overlooked or misunderstood. What critical deadlines must you know? When can you not get an extension of time? Under what circumstances can you limit notice or service?

This panel will examine a host of real estate issues, including the intersection of reverse mortgages and bankruptcy, and the rights of heirs when a borrower files for bankruptcy; the distribution of equity in post-petition real estate sales, and how to determine who is entitled to the proceeds; whether, since Toth, the prime rate is the best measure of risk when applying the Till rate for total debt claims in bankruptcy; the classification of conduit payments, and whether direct mortgage payments should be considered part of bankruptcy plan payments; and effective strategies for addressing and resolving mortgage issues to guarantee that debtors achieve a fresh start post-bankruptcy.