Florida State Approved Sessions

Parties can view social media as a treasure-trove of information: Does a debtor discuss assets on Facebook that are not found on the schedules? Do parties make statements in their online posts that conflict with legal positions they are taking in bankruptcy court? Does the ethical duty of a reasonable investigation encompass an obligation to investigate a client’s social media activity? This panel of experts will review the ethical obligations of investigating social media websites of clients and parties, and what may — and in some cases, must — be done to remain zealous advocates.

More and more litigation is emerging over the sloppy practices that were rampant during the real estate boom. Defective mortgages, flawed trusts and faulty deeds have all produced much litigation, but how can you tell if there is really a defect that you can either make a case out of, or need to protect your client from? In this practical and hands-on program, attendees will examine at least 10 different documents, all based on real cases, that demonstrate the defects that counsel need to not only be aware of, but to actually look for.

Chapter 13 practice is complicated, and the days when a debtor’s 13 plan was quickly confirmed are few and far between. In addition to proposing confirmable chapter 13 plans, debtors’ attorneys (and in some cases chapter 13 trustees) are litigating defective mortgage claims and contentious objections to confirmation. How can debtors’ counsel ensure that they are compensated for these complicated cases that not only sit on the bankruptcy court’s docket, but often end up on appeal? This panel will discuss the challenges and practicalities of compensating chapter 13 debtors’ counsel in this ever-evolving area of bankruptcy law.

How can you best advise a client who is unsure whether the stay or the discharge applies? How can you protect a debtor’s benefits offered by the automatic stay and the discharge? Stay violation litigation and discharge analysis are just two of the topics that this expert panel will examine.

State courts are increasingly relaxing their rules to allow attorneys to provide a-la-carte services to parties in cases appearing before them. However, bankruptcy courts have been reluctant to do so. Is it because the Bankruptcy Code is so complicated? Or is it because what is good for parties in state court is not good for those in bankruptcy court? This panel of experts will examine whether counsel can provide limited representation services to parties in bankruptcy matters and maintain their ethical obligations to the client.

There are many changes occurring in consumer bankruptcy law. Find out the latest developments in your neighborhood and around the country.

Independent board directors play a vital and increasingly important role in restructurings. Acting as an independent director has great rewards, but it also has risks in today’s restructuring environment. This panel will analyze and discuss a variety of issues related to corporate governance in restructurings and liquidations, including (a) the recruitment, appointment, role and duties of independent directors, (b) how to establish an independent board of directors, (c) the role of lawyers and financial professionals in advising a board of directors and independent directors, and (d) D&O claims, insurance and potential risks to independent directors.

This panel will discuss the Supreme Court’s decision in Bellingham, the coming decision in Wellness, as well as other topical issues of interest.

A panel of proven rainmakers will share their tips on how restructuring professionals of any age can learn to bring in new business.

Resolved: The absolute priority rule should be eliminated in multi-debtor cases. Speakers: Pro: Hon. James M. Peck (ret.) Morrison & Foerster LLP; New York Con:Hon. Mary F. Walrath U.S. Bankruptcy Court (D. Del.); Wilmington Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate. Speakers: Pro: Carren B. Shulman Sheppard, Mullin, Richter & Hampton LLP; New York Con: Paul S. Singerman Berger Singerman, LLP; Miami Resolved: Creating mandatory claim mediation in mega-cases for all creditors should not be permitted as an unnecessary and inappropriate cost on smaller creditors. Speakers: Pro: Brian L. Shaw Shaw Fishman Glantz & Towbin LLC; Chicago Con: Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP; New York