Alabama State Approved Sessions

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.

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.

"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 Consumer Debate: Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts.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."

Real Estate Short Sales and Carve-Outs

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

With the economic challenges over the past five years, the lending landscape has changed dramatically. The boundaries for commercial and alternative lenders have changed, and borrowers’ options for financing are continuing to develop. Learn what commercial and alternative lenders can (and cannot) do for a borrower and how financing structures have become more creative to fit the needs of borrowers. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

IP experts will shed light on the mysteries of understanding IP law and navigating the often-puzzling sales processes, drawing from their experiences in Nortel, Kodak and other important cases.

The new U.S. Trustee Fee Guidelines will affect all attorneys and firms who work on larger chapter 11 cases filed on or after November 1st. ABI's panel of experts, including the Director of the EOUST, will discuss some of the ways the new guidelines may change day-to-day operations in firms, issues relating to the new market rate benchmarks, and how these changes might alter insolvency practice. Register today to hear government, attorney and academic perspectives on this important and timely topic.

Being a debtor isn’t a crime, but some debtors are criminals. This panel will discuss various ethical, civil and criminal issues that can arise in a bankruptcy case, including an attorney's duties following the discovery of possible criminal acts by a current/prospective client, how to get paid and not go to prison, the scope of the Fifth Amendment privilege, and obligations arising from a criminal subpoena.