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Has BAPCPA Increased Distributions to Creditors in Consumer Cases?
An issue consistently raised during the course of the Consumer Bankruptcy Fee Study was the effect of higher bankruptcy costs and the cumbersome and time-consuming bankruptcy process on distributions to unsecured creditors. Given that increasing creditor distributions was a reason for BAPCPA’s enactment, that this question was ripe for exploration. Prof. Lupica will present the findings of her study and the panel will discuss.
How to Draft Loan Workout Agreements
This first session of a new “skills” seminar series will examine documents that are often used to restructure debt outside of bankruptcy. Learn the purpose and legal underpinnings of the various component parts of frequently used workout documents such as forbearance agreements, intercreditor agreements and restructuring/override agreements. The panel will focus on real-world examples of good and bad provisions of workout documents and will provide drafting tips.
Great Debates
"Past President's Debate:
Resolved: The chapter 11 model is no longer viable for middle-market businesses.
Consumer Debate:
Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts.
Judicial Debate:
Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."
Business Reorganization/Ethics and Professional Compensation/Financial Advisors and Investment Banking
The Jay Alix Protocol Revisited: What Is It, How and When Has It Been/Is It Applied, Should It Be Applied Rigidly or Loosely, and Does a Viable Alternative Exist? Tips for Lawyers and Financial Professionals in Dealing with the Protocol
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