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Resolved: Bankruptcy courts do not have the authority to approve nonconsensual releases of direct claimsheld by third parties against nondebtors as part of a chapter 11 plan or reorganization. Pro: Hon. Eugene R.Wedoff (ret.); Con: Marshall S. Huebner
Resolved: Trustee requests of debtors for documents andinformation beyond that already required by the Code and Rules should not be routinely undertaken, butinstead should be limited to inquiries suggested by issues arising in specific cases. Pro: Tiffany L. Carroll;Con: Gary R. Stickell
Resolved: The Seventh Circuit was wrong in Sheehan v. Breccia Unlimited Co. (In reSheehan), 21-2946 (7th Cir. Sept. 9, 2022), when it barred U.S. bankruptcy courts from stopping foreigncreditors from taking action against a debtor’s assets abroad when the U.S. court has no general or specificpersonal jurisdiction over the creditors. Pro: Hon. Christopher S. Sontchi (ret.); Con: Hon. David R. Jones.
ABI-Live: Anatomy of an Indian Insolvency Proceeding: The ABCs of India's IBC
Sponsored by ABI's International Committee
India has emerged as a leading insolvency jurisdiction since it enacted its new Insolvency and Bankruptcy Code (IBC) in late 2016. The IBC heralded a new insolvency process, enabling large corporations to reorganize and maximize value. In the six years since, more than 4000 cases have been filed and scores of important Indian companies have been successfully restructured. In this webinar, an all-star panel of experienced and highly regarded Indian professionals, many of whom have navigated the most important IBC cases to date, will showcase how the Indian insolvency system works, explain the key principles and policies of the IBC, and identify various restructuring alternatives. The panelists also will explore the current macro-economic and business climate in India and debate the successes, failures and lessons learned. Finally, the panelists will discuss potential investment opportunities in India, and why insolvency and restructuring professionals should familiarize themselves with the Indian insolvency process.
Don’t Just Say No: Ethics and the Changing Practice of Law
Advances in technology are changing how law is practiced. Online research databases, digital contracts, expert systems and document automation all help make lawyers’ routine tasks easier and more efficient. All lawyers must make informed decisions about what technology tools to acquire, develop or leverage. While lawyers’ use of technology is not an end unto itself, it is providing a catalyst for the transformation of the legal profession. Moreover, in a world of rapidly advancing technologies, data breaches and increasingly sophisticated uses of artificial intelligence, lawyers are now ethically required to understand the benefits and risks of technology. Intractable barriers to access to justice also remain a perennial concern. This panel discusses new developments in legal technology and ethics, and explores the ways in which technology can scale the provision of legal assistance, as well as examines how new developments in attorney regulation have expanded the definition of who can “practice law.” It also considers, despite people’s strong preference for maintaining the status quo, how understanding and adopting technology tools will optimize lawyers’ abilities to provide services to clients more effectively and efficiently.
150 Days in the Life of a Subchapter V Bankruptcy
Featuring the perspectives of the debtor, creditor, subchapter V trustee and the bench, this session willconsider the life cycle of a small business reorganization. Beginning 30 days before the debtor files itspetition, continuing through the 90-day plan filing deadline and hurtling toward confirmation, the panelistswill discuss pre-bankruptcy planning and negotiation, debate eligibility and case-management issues,consider best practices for utilizing a subchapter V trustee throughout the case, and highlight tips and trapsof plan formulation, contested confirmation hearings and post-effective-date matters.
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