Let’s Work This Out: ADR and Mediation in Business Bankruptcy Matters
Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.
Where’s the Beef? Restructuring and Chapter 11 Issues in the Restaurant, Franchise and Food Industries
Discussion of restaurant/franchise business reorganization issues.
Chapter 11 is Alive (i.e., Not Dead): Chapter 11 Update
Does the absolute priority rule still require absolute priority?; protecting stock transfers from avoidance actions through the use of 11 U.S.C. § 546(e); implications of the Dodd-Frank Act; substantive consolidation; liquidating Chapter 11s: potential conflicts of interest when unsecured creditors’ committee is the liquidating agent; credit-bidding issues.
More Claims issues in Consumer Cases
Amendments to Fed. R. Bankr. P. 3001; payment of tax claims; if a debtor surrenders real property post-confirmation in a Chapter 13 case, can the creditor file a deficiency claim and be paid under the Chapter 13 plan?; treatment of claims for ongoing condominium dues that accrue post-petition in a Chapter 13 when the debtor proposes to surrender the collateral.
Is it in or Out? Exemption Issues Revisited
11 U.S.C. § 522(d)(12) exemptions IRAs, retirement accounts opened prior to filing; undisclosed assets: circumstances can debtors amend schedules to exempt undisclosed assets?