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Ethics Roundtable
This panel will discuss various ethical issues in consumer- and business-related bankruptcy cases and other restructurings.
Hotcakes and Hot Topics: Judges’ Roundtable Q&A
This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: Structured dismissals of chapter 11 cases must always follow the Bankruptcy Code's priority structure.
Pro: Hon. August B. Landis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Con: Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Business Debate
Resolved, a company deriving income indirectly from marijuana sales that are legal under state law should be eligible for relief under the Bankruptcy Code.
Pro: Daniel J. Garfield
McAllister Law Office P.C.; Denver
Con: Candace C. Carlyon
Morris Polich & Purdy LLP; Henderson, Nev.
Consumer Debate
Resolved: The filing of a Proof of Claim, for a debt on which the statute of limitations has run, is a violation of the FDCPA.
Pro: Stephen E. Berken
Berken and Associates; Denver
Con: Alane A. Becket
Becket & Lee, LLP; Malvern, Pa.
Selling an Insider’s Claim and Buying Plan Confirmation
In the first decision addressing the point, the Ninth Circuit held that there’s a difference between an insider and a claim held by an insider. The ruling blessed an insider’s sale of a claim, relieving the claim of any taint and allowing the new holder to vote on confirmation. The panel looks at the developing issues on whether the buyer is a nonstatutory insider and whether the plan can be pursued in good faith after such a sale.
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