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Valuation panels have generally focused on how to value debtors and their stock. But what about valuing debt, the other form of consideration that is generally issued under a bankruptcy plan? The session will discuss coverage ratios and other credit metrics, comparability, the impact of covenants and other terms, credit reporting and rating, and more.

What are the strategies of private-equity sponsors seeking to retain control (or at least a stake) through the bankruptcy process? How do they retain counsel and manage conflicts? What strategies are they using to preserve their interests? What risks do they undertake? This panel will discuss these issues and more.

This panel will present a review of the current state of the law as to when a foreign entity can file a main proceeding vs. an ancillary proceeding in bankruptcy court, what interest is sufficient for a main or ancillary proceeding, cross-border insolvency protocols, challenges faced by foreign representatives (Octaviar, Rede Energia; Baha Mar, Fairfield), COMI (OAS S.A., Suntech), conflicts of law in fraudulent transfer litigation, recognition of foreign judgments in U.S. proceedings, and dealing with foreign boards or administrators of parents or subsidiaries.

PRESENTED BY THE CONSUMER BANKRUPTCY COMMITTEE Effective December 1, 2015, most official bankruptcy forms were updated and reformatted. On November 16th, the Consumer Bankruptcy Committee hosted a webinar that introduced and discussed many of the pending changes to the forms. The committee is now hosting a follow up webinar where speakers will discuss B 410, the proof of claim form; and B 410 - A, the supplement for a secured claim in a debtor’s residence. Reviews of these changes, from both practitioners and trustees, have been very mixed since their release – and now we want to hear from you! Not only will this webinar allow speakers to discuss pros and cons of these two new forms, but attendees will have ample time to answer polls, ask their own questions, and provide feedback. *ABI will seek 1.25 or 1.50 of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. Credit hours granted are subject to approval from each state, which may not be determined prior to the program. CLE is available for pre-sale only and will not be available post-webinar.

From selection of the right forensic accountant all the way through trial, the interaction between lawyers and forensic accountants can make or break a case. This webinar will discuss the practical considerations and dynamics between the two types of professionals during all phases of a case. Defining their roles in the midst of the ever-changing needs of a case can be challenging, and lawyers and forensics accountants must work side by side in detecting and proving fraud. The speakers will address issues arising in the relationship between lawyers and forensic accountants during the discovery process and the settlement process, in preparing the expert witness, and ultimately in collaborating yet maintaining their separate roles at trial. ABI will seek 1.5 hours of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states. CLE-Approved States: ABI’s live webinars and teleconferences ordinarily receive CLE credit in AL, CA, DE, GA, IL, MN, NE, NH, NJ, NY (approved jurisdiction policy), PA, TN and TX. ABI will obtain approval in additional states. ABI does not seek direct accreditation of live webinars in KS. Credit hours granted are subject to approval from each state, which may not be determined prior to the program.

Discussion of issues suited for cross border mediation, different mediating styles and local practices, judges as mediators, ethics and conflicts of interest, the ABI Model local Rule and much more.

This program will address the ethical obligations and best practices to be used by bankruptcy professionals to protect client confidences and valuable estate property in the era of the data breach. The panel will review the rules governing the attorney/client privilege in U.S., The Caymans, and other jurisdictions, as well as the ethical obligations of professionals to secure client information in their possession to forestall the unwanted disclosure of such information due to a data breach.

HOSTED BY: HEALTH CARE AND SECURED CREDIT COMMITTEES The restructuring of continuing care retirement communities (CCRCs) has increased in recent years. CCRCs provide senior citizens with a continuum of care, comprised of independent living, assisted living and skilled nursing. Residents pay an upfront entrance fee, which often is 75%-90% refundable, and a monthly maintenance fee. The need to repay entrance fees with funds from entrance fees paid by subsequent residents makes CCRCs particularly susceptible to variances in occupancy, and the upfront payment of entrance fees exposes CCRCs to rising health care costs. CCRC bankruptcies are further complicated by the need to ensure quality care for current residents and the oversight of the state attorney general’s office and other regulatory authorities. This webinar will explore these issues and other potential pitfalls of CCRC bankruptcies. var code1 = false; var code2 = false; var code3 = false; jwplayer('mediaspace1').setup({ 'flashplayer': '/sites/default/files/jwplayer/player.swf', 'file': 'https://s3.amazonaws.com/abi-sessions/2016/ABI_Live/LIVE16_RES_RestructuringCCRC_720.mp4', 'controlbar': 'bottom', events: { onTime: function(event) { if (event.position >= 1200 && code1==false) { this.pause(); alert('Save CLE Code: 96514'); this.play(); code1 = true; } if (event.position >= 2400 && code2==false) { this.pause(); alert('Save CLE Code: 40172'); this.play(); code2 = true; } duration = jwplayer().getDuration(); if(duration > 4199){ if (event.position >= 4200 && code3==false) { this.pause(); alert('Save CLE Code: 58713'); this.play(); code3 = true; } } } } });

This annual favorite will cover all of the recent consumer bankruptcy law decisions, hot topics and new cases from the circuit level on down through the district courts and bankruptcy courts, concentrating on the Sixth Circuit and the Eastern and Western Districts of Michigan. The session may also include any cases of interest from any other circuit or district court.