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1111(b) Wizardry

This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’salso not as simple as your basic loan default. Do you know how to analyze whether making the electionmakes sense? Perhaps more importantly, do you know how to counsel your client through the process?
40 minutes 42 seconds

Making the Most of a Litigation Trust’s Retained Causes of Action

When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value. This panel will coverstatute-of-limitations issues, including the Golden Creditor Rule; identify pitfalls to avoid when bringingderivative claims, including in pari delicto; review lessons learned in bringing claims against equity sponsors;revive the concept of lender liability; provide tips of the trade for maximizing insurance recoveries; andexplain the § 546(e) safe harbor jurisprudence, among other relevant topics.

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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