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How are retail bankruptcies conducted today vs. 10+ years ago? How are future retail bankruptcies likely to look? What are the macro trends in retail, and what are the consequences of traditional brick-and-mortar retail? What will be the dominant types(s) of retail platform(s), and who will be buying or investing in retail assets? This session will cover IP and other technology issues (valuation, liens on IP), lease issues, privacy issues, credit cards and gift cards.

The panel will discuss recent decisions on cramdowns, gifting, equitable mootness and structured dismissals (Jevic), statutory subordination (American Housing Foundation), nonconsensual releases (Seaside Engineering), plan modification (SCH Corp.) and impairment, what happens when the debtor is not required to pay the contractual rate of interest on unsecured notes (EFH), post-petition interest (what is the federal judgment rate if a contract rate does not apply?), and the scope of § 524(e).

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.