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Ethical Issues Regarding the Use of the Media in High-Profile Cases

Hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees Navigating the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories.
59 minutes 38 seconds

Long Claw of the Law: The Limits of Clawback Actions

Hosted by the Bankruptcy Litigation and Young and New Members Committees This session will focus on the limits of avoidance actions by bankruptcy trustees in Ponzi scheme cases, including arguments about the expansion of the look-back period to 10 years, trustee standing, clawbacks from non investor sources, in pari delicto and how trustees decide whom to sue.
57 minutes 12 seconds

Working for a Fresh Start: Labor Issues Facing Consumer Debtors

Hosted by the Consumer Bankruptcy and Labor & Employment Committees This panel will feature a discussion of 11 U.S.C. § 525 regarding protection against discriminatory treatment based on bankruptcy status and its interpretation, including the Supreme Court’s NextWave decision. Additionally, the panel will address practical issues faced daily between employers and consumers in bankruptcy, such as the use of corporate credit cards, reimbursement of business expenses, commissions and bonuses as assets, and security clearance.

The Rights of Secured Creditors in a Commercial Fraud Case

Hosted by the Commercial Fraud and Secured Credit Committees. This panel will take a fresh look at secured creditor rights and unique solvency issues in fraud and Ponzi cases. Learn how to avoid being trumped in federal forfeiture proceedings or paying on bankruptcy clawback claims by treading in the safe harbor of § 546(e) — and learn how to navigate the shoals of receivership
58 minutes 17 seconds

Consumer: How to Litigate the Value of a Single-Family Home?

Home value is all in the perspective. If you want to learn how to convince the court that your client’s perspective on the value of a residence is the right one, this is the panel for you! Experienced litigators will discuss best practices for litigating the value of a home by using familiar scenarios from everyday valuation practice.
1 hour 14 seconds

How to Value Anything: The Most Difficult Valuations

Hear the expert panelists describe their approaches to valuing assets that are inherently difficult to value, including mineral reserves, intellectual property and more.
59 minutes 15 seconds

Why Are My Favorite Restaurants Closing? Review and Forecast of Restaurant Case Issues

The experts on this panel have current and deep experience in restaurant chapter 11 cases. The panelists will discuss and analyze the various and peculiar restructuring issues related to restaurant chapter 11 cases, and forecast whether this industry will continue to incur financial distress.
59 minutes 57 seconds

21st Annual Great Debates

Resolved: Third-party litigation financing should be permitted. Pro: Justin Brass Burford Capital LLC; New York Con: John H. Beisner Skadden, Arps, Slate, Meagher & Flom, LLP Resolved: Inquiry notice should play a role in the good-faith transferee defense. Pro: Catherine L. Steege Jenner & Block LLP; Chicago Con: Philip D. Anker WilmerHale; New York Resolved: Wrongly decided cases Like Dewsnup should be overturned by the Supreme Court. Pro: Prof. Ilya Somin Antonin Scalia Law School, George Mason University; Arlington, Va. Con: Prof. Bruce A. Markell Northwestern University School of Law; Chicago
1 hour 4 minutes 14 seconds

ABI Live: What You Need to Know About Foreclosure Now

In 2010, at the height of the last economic downturn, there were almost three million foreclosure filings nationwide. It therefore is not surprising that almost all insolvency professionals will confront foreclosure at some point, either representing a lender considering a foreclosure filing or whose claim is affected by one, or a borrower facing threats of foreclosure. This Webinar will provide experienced and novice practitioners alike with the tools needed to advise on these situations. Following a brief overview of foreclosure and how it works, the Webinar will address current trends in foreclosure actions, including UCC issues, impediments to lenders foreclosing (e.g., Bank Secrecy Act, repository issues) and alternatives to foreclosure, and a comparison between foreclosure and bankruptcy (including approaches to asset sales, treatment of prepayment penalties, bad boy guarantees and restrictions on filing for bankruptcy). View Materials
1 hour 18 minutes 24 seconds

Ethics: Who’s Your Daddy? Acing Your Fiduciary Duties

It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.
1 hour 10 minutes 28 seconds