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General Bankruptcy Fundamentals

General Bankruptcy Fundamentals (2.5 Hours of CLE where available)
This 2.5 hour program presents a discussion of the who, what and why of a bankruptcy case. Part I (1 hour 30 minutes) explores concepts applicable in all cases, including the automatic stay, property of the estate, claims and priorities, executory contracts and unexpired leases and the discharge are examined. Part II (1 hour) explores the range of the estate's avoiding powers of various transfers such as preferences, fraudulent transfers and unperfected security interests. This course includes recent SBRA, COVID-19, and CARES Act updates Add the BUSINESS and CONSUMER Bankruptcy breakout for $100 each Click HERE to register for this course Prof. Lois Lupica, Moderator Maine Law Foundation Professor of Law University of Maine School of Law in Portland Hon. Wendelin I. Lipp U.S. Bankruptcy Court (D. MD.); Greenbelt, MD Alexander M. Laughlin Odin, Feldman & Pittleman, PC; Fairfax, VA Lisa A. Tracy Executive Office for U.S. Trustees; Washington, DC Ed Flynn American Bankruptcy Institute; Alexandria, VA
1 hour 3 minutes 33 seconds

Do “Out-of-the-Money” Creditors Have Standing?

Do “Out-of-the-Money” Creditors Have Standing? There are many chapter 11’s filed primarily to sell the collateral for undersecured creditors—meaning that there isn’t any value generated for unsecured creditors or equity. This panel will explore the various issues that result such as basic standing and the appropriateness of forming and maintaining a creditors committee and an equity committee. The panel will also discuss the various arguments put forth to justify a carveout or “gift” for unsecured creditors and the often used “pay-to-play” rule occasionally asserted by out-of-the-money creditor groups. It will also examine ways to identify unencumbered assets early in the case and the possible benefits of keeping them free from post-petition liens granted to DIP Lenders. Lastly, the panel will discuss ways to maximize the Chapter 5 claims and the use of liquidating assets.
1 hour 29 minutes 10 seconds

Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs

Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs Often bankruptcy is the best way for under-secured creditors to optimize collateral recoveries. But the price for bankruptcy relief is that secured creditors must share their recoveries with out-of-the money constituencies. This panel will explore such sharing arrangements in a variety of contexts–carve outs, gift plans and structured dismissals.
1 hour 32 minutes 47 seconds

Litigating the Cramdown Rate

Litigating the Cramdown Rate “Cram down” requires full payment of secured classes. This, in turn, requires a present value analysis of the dividends secured creditors will receive under the plan. This panel will review what debtors and secured creditors need to show to establish a cramdown rate and the nuts-and-bolts evidentiary issues joined by cramdown litigation.
1 hour 31 minutes 17 seconds

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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