Florida State Approved Sessions

This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.

This panel will provide updates on the law and suggest the necessary tools for your consumer tax toolbox, in particular chapter 7 vs. chapter 13, what happens to IRS claims after discharge, offers in compromise, when creditors can send a 1099, whether a debtor can ask a creditor not to send 1099 as part of a settlement; and other thorny tax issues frequently facing consumer bankruptcy lawyers.

Health care bankruptcy filings went up 38 percent between 2010-14. This panel will examine current issues facing the health care industry and the intersection of health care law and bankruptcy. Topics will include 363 sales, reorganization, issues related to provider agreements, regulatory issues and health care ombudsmen.

Keynote Luncheon Presentation

How Hard Is the “Hard” in “Hardship”? The Current State of § 523(a)(8)

The Chapter 13 Option

Avoiding Bankruptcy: What Options Exist (and Are Accessible)?

The Easy Fix: Is Repealing § 523(a)(8) Really the Answer?

Primary focus on voluntary hospitals (including health care issues); secondary focus on NYC Opera, CCRCs, schools, etc.; duties and liabilities of directors; avoidance issues; impact of philanthropic base; avoidance, solvency and deepening insolvency issues; possible focus on benefit corporations, low-profit limited liability companies (LC3s)

Extension of controlled group liability to fund investors (Sun Capital), foreign affiliates; U.K. pension claims asserted against U.S. debtors (Nortel, Reader’s Digest); allocation of liability among controlled groups; pre-petition vs. post-petition benefits and claim accrual (including withdrawal liability); standards for termination; multi-employer plan withdrawal liability/“last man standing”; Kodak