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Case Law Update: Part I &II
This session will highlight particularly interesting case law developments to date in 2016 and their impact on bankruptcy law and practice.
Ponzi Schemes and Other Fraud Issues
This panel will address the unique issues presented when matters involving fraud, including Ponzi schemes, arise. The discussion will include best practices for responding to, or managing, fraud allegations directed to a client inside and outside of bankruptcy, addressing and investigating fraud from an accounting perspective (including strategies for identifying hallmarks of fraud), and current developments in case law relating to fraud and Ponzi schemes in the bankruptcy context.
Chapter 13 — Post-Confirmation Issues
BAPCPA established several hurdles that debtors have to overcome in order to obtain a discharge of a confirmed plan. Confirmation of the plan in many respects is only the beginning of the process. This panel, which includes two chapter 13 trustees and an experienced creditors’ counsel and is moderated by an experienced debtors’ counsel, will explore the issues that arise after confirmation, including the completion of required tasks for a debtor to obtain a discharge. Issues to be discussed include plan modification, requirements imposed upon lenders, and duties imposed upon debtors to obtain discharge.
Commercial Session: Plan Issues — Support Agreements, Injunctions, Releases & Competing Plans
This panel will discuss strategies for negotiating and confirming chapter 11 plans, from support agreements and competing plans to the proper use of releases and injunctions.
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