California State Approved Sessions

The winds of change have blown strongly through the Caribbean recently, with new bankruptcy laws having been passed, or soon to be passed, in many jurisdictions over the last 12-18 months. Two of these new laws were modeled after Canadian law. This panel will examine the provisions of the new laws in broad terms and undertake a brief “compare and contrast” exercise to discuss the new laws in relation to the U.S. Bankruptcy Code and restructuring statutes in other Caribbean jurisdictions that take English law as their model.

This panel will discuss the latest developments and cases under chapter 15 of the U.S. Bankruptcy Code.

This panel will review and discuss the Puerto Rico Public Corporation Debt Enforcement and Recovery Act, which was signed into law on June 28, 2014. The constitutionality of this Act has already been challenged by at least three separate lawsuits brought by different bondholder groups. A special courtroom has been designated in the San Juan Superior Courthouse, and two judges have been specially designated to deal with any filings brought pursuant to this new Act in the Commonwealth Courts. If Puerto Rico can restructure its debts under this state law, will this be an alternative for other states or jurisdictions? Is an alternative to this Act amending the Bankruptcy Code? Will this Act withstand constitutional challenges?

This panel will discuss post-petition HOA dues, HELOCs, noticing, and § 522(f) and 506 motions.

This panel will discuss retirement, death, changing area of practice, going out of business, fee splitting and unbundling.

This panel will discuss the collision of divorce practice and Bankruptcy Code §§362, 523, 1325, and 1328.

A significant number of bankruptcy cases involve the use of expert witnesses. This panel will explore issues that both counsel and experts should anticipate, including how credibility is derived and enhanced, the expert’s research and analysis phase, persuasive direct and cross examination of experts, non-verbal communication and courtroom etiquette.

Trends in exemption law, including a Colorado legislative update and fallout from Clark v. Rameker and Law v. Siegel.

This panel will present practical pointers for addressing real estate issues in bankruptcy: relief from the automatic stay, unexpired leases, valuation, interest rates, § 1111(b) elections and other useful topics.