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Fallout of Health Care Consolidation: Who Will Be the Winners and Losers?

This panel will review how consolidation, redevelopment and even brick and mortar vs. online are changing health care, and who is likely to prevail. The panelists will discuss which health care providers are likely to encounter the most stress in the future, and which ones may have ways to fix the American health care system.
1 hour 23 minutes 7 seconds

The Bankruptcy Rules Seven Months Later: New Model Chapter 13 Plan, New Secured Proof of Claim Filing Requirement, and Other Changes

This panel will discuss and analyze the New Model Chapter 13 Plan and other changes in the Bankruptcy Rules that became effective in December 2017, the process of implementation, and any issues that have arisen since the new Rules took effect.
1 hour 33 minutes 27 seconds

Restaurant Bankruptcies and Restructurings: The Next Big Wave in Retail Insolvencies?

The restaurant industry, particularly the fast food and fast casual sectors, is under pressure from rising food and labor costs, the changing dining habits of millennials, and decreased foot traffic at retail shopping centers. This panel will examine those trends and explore potential strategies to maximize enterprise value, both in and out of bankruptcy court.
1 hour 30 minutes 14 seconds

Emerging Leaders Program

Calling all up-and-comers in the bankruptcy industry! Join us for this new, half-day program exclusively for emerging leaders attending the ABI Northeast Conference or Consumer Forum. We invite lawyers, financial advisors, bankers, etc. with less than 10 years of insolvency expertise, either consumer or business focus, to participate in an interactive program involving common insolvency issues facing junior insolvency professionals. Participants will break into small working groups led by emerging leader facilitators and bankruptcy judges to consider issues of substantive law as well as practical procedures for both the courtroom and boardroom. A reception for Emerging Leaders will immediately follow this program.

ABI-Live: Husky Aftermath – Where Do Things Stand With "Actual Fraud"?

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Courts wrestle with applying Husky to except from an individual’s discharge creditor claims involving fraud or fraudulent transfers. Some courts carve a narrow path, while others take the opinion at its fullest meaning, suggesting a broad new cause of action for nondischargeability. This is especially true for directors and officers who use their control of nondebtor entities to benefit from fraudulent activity, including actual and constructive fraudulent transfers. Such actions also give rise to related breach of fiduciary duty claims and aiding-and-abetting liability that likewise could prove to be nondischargeable. The panelists will debate claims and defenses based on the evolving case law, and share their views on what lies next.

Consumer: Revisiting FRBP 3015.1 – How Courts and Cases Are Implementing Rule 3015.1 Five Months On

This panel will review and debate issues regarding the new official form for chapter 13 plans, including how courts are tinkering with Rule 3015.1 — and why courts think they have the ability to do so.
58 minutes 52 seconds
NO CLE

ABI-Live: Presenting Evidence in Bankruptcy Court: Tips and Best Practices

Join authors of the newly published second edition of ABI’s Quick Evidence Handbook as they discuss best practices and inside tips for gathering and presenting evidence in bankruptcy court. The panel will explore common evidentiary issues encountered in a bankruptcy case and provide practical information for how to navigate those issues in a hearing or at trial. The webinar promises to be an interesting and valuable discussion for anyone participating in a bankruptcy litigation, from the novice lawyer approaching his or her first hearing or trial, to an experienced bankruptcy practitioner needing a refresher or new tips before heading into a contested hearing. This webinar is hosted by the Bankruptcy Litigation Committee.
1 hour 12 minutes 51 seconds

Indicators of Future Distress

During this session, the panelists will discuss the role and responsibility of boards of directors in monitoring for insolvency and taking action, along with a retrospective view of how this has unfolded in certain industries and what indicators were present. Finally, we will consider where valuations fall short at being predictive.

When Is Adequate Protection Not Adequate?

This panel will discuss issues that have arisen in recent cases regarding adequate protection, including the right and wisdom of 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, including assets used in commodity businesses where value can be cyclical.