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Depositions in Consumer Bankruptcy Cases

This session will focus on depositions in consumer bankruptcy cases, such as lien strips, objections to exemptions, good-faith challenges to chapter 13 plans, and dischargeability issues in consumer bankruptcy cases. All aspects of a deposition will be considered. How does one prepare to take someone’s deposition? How do you prepare your client to be deposed? How do you conduct yourself when representing the deponent? What can you object to? Can the deposition be stopped? How does one resolve objections and disputes during the deposition? What uses can be made of the deposition transcript at trial? Consistent with past years’ litigation sessions, this year’s panel will conduct demonstrations of depositions in real-world consumer bankruptcy settings.
NO CLE

ABI-Live: Administration of a Mega Ponzi Scheme Case: Receivership v. Bankruptcy

CO-HOSTED BY ABI AND THE THE NATIONAL ASSOCIATION OF FEDERAL EQUITY RECEIVERS Ponzi scheme cases almost always have a hard landing in either a bankruptcy or receivership proceeding. Depending on which administrative filter is imposed on a Ponzi scheme case, the rights of the fiduciary administering the case as well as the rights of creditors and investors can vary significantly. Kenneth Bell, the receiver of ZeekRewards, one of the largest Ponzi scheme cases ever, and Brian Bash, the bankruptcy trustee presiding over the sizeable Fair Finance Ponzi scheme case, will compare and contrast their experiences in unwinding the frauds in their cases and returning funds to defrauded victims. Stephen Harbeck, the CEO of the Securities Investor Protection Corporation, will add his insights into the administration of a SPIC proceeding like the Bernard Madoff scheme. The presentation will cover a range of topics typically arising in these types of cases including: The obligations and duties of the different types of fiduciaries Reaching assets and defendants nationwide and worldwide Large classes of fraudulent transfer defendants Substantive consolidation The claims process Stays of litigation

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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