This panel will focus on numerous chapter 7 issues, such as avoidable transfers, abandonment, exemptions, reopening of cases and asset-protection trusts.
This panel will focus on carve-out issues, the effects of ASARCO and Baker Botts, and § 506(c) issues. The panel will also address retention issues and administrative insolvency.
This panel will address the selection and use of expert witnesses, including tips on how to select an expert, how to prepare an expert and what a judge might find most useful.
This panel features leading professionals in the chapter 11 practice area who were directly involved in the Jevic chapter 11 case, as well as a distinguished retired bankruptcy judge. This session will cover the underlying Jevic chapter 11 case, the Supreme Court’s opinion in Jevic and its impact on chapter 11 practice, and strategic alternatives in light of the decision.
This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be estopped from challenging a claim, and when you should ask for relief to return to state court.
This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.
This session will present an in-depth analysis of the interplay among tax law, liquidation and bankruptcy. The panelists will examine some of the tax traps that exist for an individual when business obligations remain unpaid in a closure or bankruptcy, as well as how to use an insolvency defense to defeat phantom K-1 and 1099 income.
In recent years, fiduciary duties have dominated the landscape of bankruptcy cases. Often, claims against officers and directors are the only source of recovery for unsecured creditors. This panel will examine recent trends and case law impacting officers and directors in bankruptcy cases. The panel will also discuss best practices for counsel representing debtor officers and directors.