Arkansas State Approved Sessions

This panel will address up to 15 thorny evidentiary issues that commonly arise in consumer cases. The issues will be presented to a bankruptcy judge by two expert litigators in a variety of pre-trial and trial scenarios.

This panel will address best practices and evidentiary issues regarding the testimony of experts. The issues will be presented in a mock-examination format with audience participation.

This lively roundtable discussion will focus on adherence to local rules for purposes of malpractice prevention, civility among litigants’ counsel, professional responsibility, and related ethical considerations for practitioners by undertaking a multi-jurisdictional exploration of some of the most well regarded and most reviled local bankruptcy and district court rules, providing attendees with an opportunity to measure particular rules’ efficacy, practical effects and unintended consequences.

The relaxation of marijuana statutes in many states may present financial opportunities for investors, with high rates of return and better-paying job opportunities for individuals. As with any emerging industry, consolidation and competition will create winners and losers. Whether investors, landlords, trade vendors and employees involved in the cannabis industry can restructure their debts in bankruptcy court, or even participate in a bankruptcy plan, depends on the extent of their connection to the cannabis industry. This panel will explore recent case law on the subject matter and alternative business-restructuring options when bankruptcy is not available, such as receiverships and assignments for the benefit of creditors. The panel will also address relevant consumer bankruptcy issues, including whether an individual employed in the cannabis industry may utilize chapter 13 to formulate and complete a plan.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.

This session will cover a number of recent confirmation hot topics, including pre-packaged reorganization (In re FullBeauty Brands Holding Corp.), make-whole provisions (In re Ultra Petroleum Corp.), reorganization through rights offerings (In re Pacific Drilling SA), and the ‘one day’ confirmation issue (Pacific Western Bank v. Fagerdala USA-Lompac Inc.).

This panel will explore hot-button issues relating to sales, including: limitations on credit bidding; successor liability and related due process considerations; releases for purchasers under sale orders; and the standard for allowance of break-up fees. The panel will also reflect on lessons learned from the emergency section 363 sale of Lehman.

How do judges view the various types of committees–official statutory committees (including unsecured creditor, equity, retiree and tort claimant committees) and ad hoc committees? Is the makeup of the committee (trade/landlords/noteholders/bondholders/litigation claimants) relevant? What is Jevic’s impact on the ability of unsecured creditors’ committees to obtain recoveries for their constituents—do committees representing deeply out-of-the-money creditors have anything left in their toolboxes? This panel will discuss these questions and more relating to official and ad hoc committees.

This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).