Georgia State Approved Sessions

We all deal with fraudulent transfers, but sometimes issues that don’t come up in routine fraudulent-transfer cases might get overlooked. Do insurance policies cover fraudulent-transfer claims? Can a group of fraudulent-transfer plaintiffs assert a class action against a defendant? In terms of an actual fraud fraudulent transfer, what if a defendant has a mixed intent, part of which is impermissible and part of which is permissible? When can a fraudulent-transfer defendant use the “identity of interest” and “common enterprise” defenses? How can unjust enrichment be used as an alternative to a fraudulent transfer? How do the events of the past three years impact valuations, solvency opinions and fairness opinions prepared during that time and today? This panel will provide answers to and perspectives on these questions and more.

This panel will provide insolvency professionals with practical business-development tips from numerous perspectives.

The workshop will review the biology behind the rewarding properties of drugs of abuse, how the brain changes in response to repeated drug use, thereby becoming 'addicted', the role of genetics in addiction, and the important role of stress in maintaining addiction. The presentation will conclude with a summary of addiction treatments, including cutting-edge research on a surprising new treatment approach.

Debtors’ lives don’t stop once a chapter 13 is filed. Jobs could be changed or lost, property can be sold and inherited, and debtors can become injured and can sue. Debtor's counsel has to know how to “roll with the punches” and still achieve the best outcome for their client. This panel will discuss the impact of foreseen and unforeseen events in a chapter 13 case. Who gets the benefit of equity in a debtor’s home if it is sold and has appreciated since filing? What if the case converts to chapter 7? What assets are included in the chapter 7 estate upon conversion? Does a debtor have a duty to disclose a post-petition asset such as a cause of action or inheritance? How does debtor’s counsel get paid to deal with all of these issues? Is a chapter 13 trustee entitled to be paid if a case is dismissed before confirmation? What are the requirements to modify what is paid in a chapter 13 plan?

This panel of health care experts will explain some of the unique features of health care cases in general by comparing notes on current operational challenges and pre-bankruptcy considerations, discussing the pros and cons of receiverships vs. chapter 11, covering specific health care-relevant provisions in the Code, and discussing sale considerations in health care cases.

This panel will provide an overview and discussion of the effects of the COVID-19 pandemic and return-to-office issues, and what impacts they may have on the commercial real estate industry. The panelists will discuss market data and trends, as well as relevant case law on the valuation of commercial real estate in the context of bankruptcy cases. The panel also will review hypothetical scenarios to emphasize key issues that affect the valuation of commercial real estate in a disrupted and uncertain marketplace.

This panel will focus on current developments and trends relating to the emerging industry of cryptocurrency. The panelists will assess recent insolvencies and bankruptcy cases, and provide practitioners with tips to help navigate this evolving market. Discussion will center on such issues as whether and when digital assets may be estate assets, discovery tools and crypto-tracing, and valuation concerns.