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Alaska State Approved Sessions

ABI-Live: Preparing for Distressed Market Conditions

Sponsored by SRS Acquiom Rising U.S. interest rates, a tightening money supply, continued inflation and geopolitical uncertainty are all contributing to uncertain market conditions. How can lenders help protect borrowers and safeguard their portfolios? Join SRS Acquiom and ABI as this panel of experts shares their views on these events, as well as strategies for meeting the risk of loan defaults head-on. Hear more about market-drivers, strategies for debt-restructuring, and the long-term outlook for financing. This webinar will draw from a recently released SRS Acquiom study, Smarter Navigation: Loan Restructuring 2022, co-produced with Debtwire.
1 hour 9 minutes 7 seconds

Consumer: The Sharing, Splitting, Unbundling, Factoring, Financing, Bifurcation and Disclosure of Debtors’ Attorneys’ Fees: Ethical Ramifications and What You Need to Know

This panel, featuring a bankruptcy judge, a practicing debtor’s attorney and a trial attorney with the Office of the U.S. Trustee, will discuss the latest cases involving nontraditional methods of getting paid as a consumer chapter 7 debtor’s lawyer, including Code, Rule and local rule requirements; the applicable Rules of Professional Conduct and potential ethical ramifications; and what you need to know to avoid potential sanctions, disgorgement, penalties and discipline.

Consumer: Chapter 13 Stressors: Appreciation, Inflation, Budgets and Plan Length

A judge, chapter 13 trustee and bankruptcy attorney will discuss how to help chapter 13 debtors succeed in chapter 13 despite increasing asset values, increased loan balances and increased expenses. This panel will delve into such issues as creating feasible plans with debtors’ ever-tighter budgets, instilling flexibility in the bankruptcy system, and dealing with asset appreciation. The panelists also will discuss options for cases that are running long in light of the Kinney decision, along with other issues that can arise.

Ethics Challenges of Today

This session will focus on several of the Model Rules of Professional Conduct, including 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.4 (Communications), 1.6 (Confidentiality of Info.), 1.7 (Conflict of Interest: Current Clients), 1.18 (Duties to Prospective Clients), 3.3 (Candor to Tribunal), 3.4 (Fairness to Opposing Party and Counsel) and 7.3 (Solicitation of Clients). The panelists will also discuss many current ethical challenges, including ethical issues in subchapter V, future claimants' representative (FCR) standards, remote proceedings and witness testimony, and client authority.

Nuts and Bolts of Bankruptcy Appeals

This panel will discuss pre-appeal considerations, final or interlocutory orders, stays pending appeal, perfecting an appeal, appellate briefs, and direct appeals to circuit courts.

2022 Views from the Bench: Great Debates

Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors. RESOLVED: That a bankruptcy is filed in good faith where the debtor is not otherwise in immediate financial distress and appears to have the liquidity to pay its creditors in full, but where the case is filed because of the debtor is a defendant facing a deluge of tort claims that could at some point threaten the debtor’s business and where the debtor believes that the mechanism for liquidating those claims through a trust created under a plan of reorganization will be fairer and better for all parties than the results that would otherwise obtain in the tort system. RESOLVED: That a bankruptcy court may approve a DIP financing agreement that incorporates the milestones set out in a restructuring support agreement, that provides that (a) the debtors will propose a plan that provides specified treatment to the Supporting Parties, which treatment is materially the same as the plan provides to similarly situated creditors; (b) obligates the Supporting Parties to vote in favor of the debtor’s plan and to vote against any competing plan; and (c) provides that the Supporting Parties (and only the supporting parties) will provide exit financing to the Reorganized Debtors, at rates and fees that exceed prevailing market terms.
1 hour 5 minutes 50 seconds