Alabama State Approved Sessions

This panel consists of debtor and creditor lawyers who will debate current problematic issues in chapter 11 cases filed by individuals, including the absolute priority rule and challenges to the lifestyles of wealthy debtors.

Find out the latest happenings in all of the Southern Districts. What can impact your practice? What should?

The panel will discuss employment and benefits issues that frequently arise in chapter 11 cases, including employment contracts, retention and incentive plans, the WARN Act, and the impact of filings on employee benefit plans.

This panel will look at several bankruptcy mortgage mediation programs around the country, and will discuss what parties need to do in order to make mortgage mediations successful in consumer bankruptcy cases.

This panel will take an objective look at the viability and the purposes of the proposed national plan form and the amendments to the bankruptcy rules related thereto.

This panel will discuss the current status of the law related to lien-stripping in chapter 7 and chapter 20 cases — including an update on the lien-stripping cases pending before the Supreme Court and Eleventh Circuit, and their potential impact on future bankruptcy practice in all chapters.

Potential buyers often have significant leverage over distressed sellers of assets and are able to influence or dictate the nature of the sale process. This panel will examine the considerations that a potential buyer of a distressed company should make when it has the opportunity to choose the appropriate process and venue for pursuing such acquisition. We will outline the pros and cons of Article 9 sales (both public and private), receivership sales, § 363 sales and “loan to own” strategies, including with respect to issues related to successor liability, funding considerations, operational concerns, timing, legal risk and deal certainty.

The panel will discuss and contrast (and will invite the workshop attendees to discuss) the various options for ending chapter 11 cases after the debtor’s assets have been sold, including plans of liquidation, liquidation and litigation trusts, dismissals, structured dismissals and conversion. Issues will include things to consider when planning for the debtor’s wind-down staffing and budget. The panel will also discuss the rest of the story from the perspective of the § 363 purchaser, focusing on recent developments in successor liability.

As more states are adopting asset-protection trust statutes, more issues have been arising in bankruptcy when these trusts take center stage in a fraudulent transfer, substantial-abuse, alter-ego or objection-to-discharge battle. This panel will provide insight into the creation of asset-protection trusts, issues that arise when these trusts are challenged in bankruptcy, and practical tips for both creating asset-protection trusts that can withstand bankruptcy challenges and litigating these trusts in bankruptcy.

There are many changes occurring in consumer bankruptcy law. Find out the latest developments in your neighborhood and around the country.