Arizona State Approved Sessions

This panel will focus on subchapter V eligibility, privileges and contested confirmation issues.

This follow-up session will focus on student loan strategies, tax issues, dealing with the chapter 7 trustee and violations of the discharge injunction, and will include an update on Taggart.

This panel will provide an update on the key technological issues facing practicing attorneys today, including cyberattacks, software needs, Zoom updates, electronic signatures, hybrid hearings and cryptotechnology, as well as decentralized autonomous organizations and tokenized assets (i.e., NFTs, metaverse and DeFi).

This panel will discuss litigation funding, conflicts and disqualifications, client complaints, mediation and dealing with pro se litigants.

It has been more than a year since the new Dutch Act on court-sanctioning of private composition to avoid bankruptcy, the so-called WHOA or Dutch Scheme, entered into force. The new Dutch Scheme has received a lot of attention in the (international) market because it offers a flexible restructuring tool in the Netherlands, a jurisdiction that plays an important role in many international restructurings. Notably, the Dutch Scheme introduced debtor-in-possession proceedings, which aim to achieve debt-restructurings outside of formal Dutch bankruptcy processes. Join this panel of experts as they take a look at the Dutch Scheme and the similarities it has to U.S. chapter 11 and English scheme processes, and whether these similarities can also be seen in practice.

This panel will focus on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning.

This panel will be conducted in the format of the TV show “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions. At the conclusion of each discussion, attendees will have an opportunity to vote on how they believe the issue should be resolved.

Post-confirmation trusts increasingly have become a popular means of obtaining plan confirmation and administering estate assets, pursuing litigation, and resolving a variety of disputes in chapter 11. While the use of post-confirmation trusts provides a host of benefits, it may provide traps for the unwary. This panel will explore issues and challenges that frequently arise in structuring and implementing post-confirmation liquidating and litigation trusts, including preservation and limitations of estate powers, analysis and pursuit of litigation, and practical challenges to winding down assets after former officers, directors and employees are no longer incentivized (or compensated) to cooperate. The panel will bring a wealth of nationwide experience to bear, along with the perspectives of post-confirmation fiduciaries, debtors and creditors alike.

Bankruptcy work is highly stressful and intense, yet few insolvency professionals have ever received science-based training on how to improve their emotional well-being, mental health or cognitive functioning. No matter who we are or how successful we are, we can all make progress in reducing our stress, improving our happiness, and enhancing our cognitive functioning in our work. During this keynote presentation, you will learn about the neuroscientific, biochemical and physiological connections between stress and cognition. You also will be provided with a collection of tangible, science-based tools and techniques that you can put to use the very next day to reduce stress and enhance cognitive functioning in your career and life. Specific techniques of body, emotion and mind will be shared to help you unlock your fullest potential, optimize your resiliency, and achieve your highest form of success in your work. A happier and more successful version of you awaits!

This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.