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How to Prepare Corporate and Individual Debtors for Bankruptcy
This panel will address various pre-bankruptcy planning issues for counsel to consider in preparing corporate or individual debtors for a filing of a case under chapter 7 or 11. Featured will be a discussion on legal, ethical and practical considerations in connection with the initial interviews of potential debtors, preparation of the bankruptcy filing, and preparation of the debtor for what is to follow once a case is commenced.
Criminal and Civil Investigations of Corporate Debtors and Management
This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.
Hot Topics in Chapter 11
This panel will address a variety of issues in chapter 11 cases, including cramdown interest rates, credit-bidding and equitable mootness, among other issues.
Hot Consumer Bankruptcy Topics
This year’s hot topics will include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7. The panel will discuss a new Ninth Circuit BAP decision, one of only two in the country, concerning the dischargeability of certain student debts to for-profit institutions, as well as an emerging trend of using the Eleventh Circuit Crawford decision and the FDCPA to challenge “stale” proofs of claim for student debt. The presentation will address lenders refusing to retake abandoned collateral, as well as conflicting results from disposable-income tests, and other issues that will be of interest to those representing parties in consumer cases.
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