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The Wild West of Unconventional Lending: “I Need Money!” A Look at Factors, Merchant Cash-Advance Lenders and Litigation-Funders
This panel will discuss the various issues surrounding merchant cash advance (MCA) lenders from the perspectives of MCA lenders, debtors, the bench, and other secured creditors whose interests may be affected by MCA lenders.
ABI-Live: Litigating a Motion to Appoint a Chapter 11 Trustee Pursuant to § 1104(A)
Hosted by ABI's Bankruptcy Litigation Committee
The panelists will discuss the pros and cons of seeking the appointment of a Chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.
Ethics Potpourri
Advising and interacting with clients remotely, with a strong reliance on electronic rather than in-person communications, is the reality for most bankruptcy professionals in a post-pandemic world. This session will focus on the resulting ethical issues facing consumer practitioners, including issues regarding the verification of debtor identity, authority issues regarding the use of client signatures, protection of confidential client information, conduct during telephonic (or video) § 341 meetings, and ethical obligations in the face of data breaches. The panelists will use hypothetical scenarios to demonstrate the ways in which these ethical issues often arise, and will discuss best practices to handle these issues, as well as highlight potential access-to-justice problems that clients can face.
Retail Bankruptcy, Redux: Before, During and After COVID
This panel will discuss changes across the retail bankruptcy landscape over the last four to five years — before, during and after the COVID-19 pandemic. The panelists will share their perspectives from the debtor, lender, landlord and judicial viewpoints, with a focus on the business, leverage, operational and legal causes and outcomes of retail bankruptcies during these unprecedented times.
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