Video

How Hard Is the “Hard” in “Hardship”? The Current State of § 523(a)(8)

The Chapter 13 Option

Avoiding Bankruptcy: What Options Exist (and Are Accessible)?

The Easy Fix: Is Repealing § 523(a)(8) Really the Answer?

This webinar, presented by ABI's Bankruptcy Litigation Committee, will be a guide for non-Delaware-, non-New York-based attorneys and law firms (as well as junior attorneys practicing in Delaware and New York) to delivering more value to their clients by (a) anticipating SDNY and Delaware requirements, (b) knowing the black-letter rules and unwritten practices in Delaware and SDNY for appearing without local counsel, and (c) recognizing those situations where outside counsel should retain local counsel, even if is allowed to operate on their own under the applicable rules.

Past Presidents’ Debate: Michael P. Richman Hunton & Williams LLP; New York Deborah D. Williamson Cox Smith Matthews Incorporated; San Antonio Resolved: Secured creditors should be required to fund the payment of all administrative claims and make a distribution to general unsecured creditors as a condition of cleansing substantially all of the debtors’ assets through a § 363 sale process. Judicial Debate: Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Hon. Frank J. Santoro U.S. Bankruptcy Court (E.D. Va.); Norfolk Resolved: A claim is not impaired for purposes of § 1129(a)(10) if the alteration of the rights in question arises solely from the debtor’s exercise of discretion, because § 1129(a)(10) recognizes impairment only to the extent that it is driven by economic need. Consumer Debate: John Rao National Consumer Law Center; Boston Brett Weiss Chung & Press, PC; Greenbelt, Md. Resolved: The Bankruptcy Rules and Forms should require that a national chapter 13 official plan form be used in all cases.

In today’s marketplace, more and more thought is being given to pursuing state law remedies rather than commencing chapter 11 cases. This is especially true in the middle market. This panel will discuss the financial professional’s role and obligations in out-of-court restructuring solutions, including compositions, foreclosures, assignments for the benefit of creditors and asset sales.

A panel of participants in ABI’s Civility Task Force will discuss the work of the task force in an interactive program designed to further the conversation about civility in our profession.

"As the U.S. Trustee guidelines for large chapter 11 cases are nearing their six-month anniversary, this panel will discuss how the guidelines have been implemented, what reception they have received from the courts and whether they have changed the way large chapter 11 cases are administered."