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Looking for the Remote: Structuring Enforceable Bankruptcy-Remote, Special-Purpose Entities in Commercial Real Estate Finance

This panel will explore the evolution of real estate financing structures leading up to today’s market, and discusses how current trends and varying structures can affect results in a future workout or bankruptcy.
1 hour 7 minutes 48 seconds

EB-5 Program Company Restructurings

Through the EB-5 immigrant investor program, a foreign national can invest at least $500,000 into a qualified project, and if that investment leads to the creation of at least 10 jobs in the U.S., the investor becomes eligible for permanent U.S. residency. The EB-5 Program has expanded dramatically over the last decade, typically with USCIS-qualified “regional centers” pooling investments to provide inexpensive liquidity to real estate developments and other businesses. This panel will discuss recent developments and issues involved in EB-5 restructurings and chapter 11s.
1 hour 9 minutes 51 seconds

Judges’ Hot Topics (2019 Annual Spring Meeting)

This panel is a great way to stay ahead of your peers and adversaries! The panelists present a cutting-edge review of the most important decisions of the day that could impact your practice.
1 hour 3 minutes 49 seconds

Hot Topics: The Final Report of the ABI Commission on Consumer Bankruptcy

The panelists will discuss the findings of the ABI Commission on Consumer Bankruptcy, focusing on three areas of great interest to the Commission: (1) student loans; (2) how attorneys get paid; and (3) a “reserve fund” for chapter 13s so that debtors can save for unexpected emergency expenses.
59 minutes 35 seconds

The Continuing Vitality of the Jay Alix Protocol, and Other Issues Related to the Retention of Distressed Management Consultants

This panel will discuss all aspects of the Jay Alix Protocol, including tips for attorneys and advisors for meeting its requirements, and recent bankruptcy court decisions regarding its continuing vitality. The panel will also address other current issues regarding debtors’ retention of distressed management consultants and similar advisors.
1 hour 4 minutes 32 seconds

Let’s Talk Student Loans (but Not Undue Hardship): Other Solutions to Help Your Clients and Get You Paid

Bankruptcy and student loans do not mix because of Brunner, but as outstanding student loan debt nationwide has risen to $1.5 trillion and climbing, there is a huge need for a solution to the student loan debt crisis. During this session, you will learn the different options student loan debtors have, and identify ways to be compensated for your services. Also, you will receive an inside look from a chapter 7 trustee on how to identify (and hopefully avoid) the pain that could come with a dreaded tuition clawback.
1 hour 2 minutes 6 seconds

The ABCs (and DEFs) of Assignments for the Benefit of Creditors

ABCs aren’t just for kids anymore! Come join some of the nation’s leading experts as they identify the important building blocks of this tool to liquidate insolvent companies.
58 minutes 13 seconds

When Adequate Protection Is Not Adequate

This panel focuses on the most important adequate-protection issues, including current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets.