Illinois State Approved Sessions

The Chapter 13 Option

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

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

This webinar, presented by ABI's Bankruptcy Litigation Committee, will be a guide for non-Delaware-, non-New York-based attorneys and law firms (as well as junior attorneys practicing in Delaware and New York) to delivering more value to their clients by (a) anticipating SDNY and Delaware requirements, (b) knowing the black-letter rules and unwritten practices in Delaware and SDNY for appearing without local counsel, and (c) recognizing those situations where outside counsel should retain local counsel, even if is allowed to operate on their own under the applicable rules.

A moderated roundtable featuring the judges of the Southern and Eastern Districts of New York

Discussion and debate about the venue statute (28 U.S.C. § 1408) and whether it should be modified; special issues involving venue for chapter 15 (including for Chinese companies); impact of venue controversies on UCC selection, first-day orders, and other early issues and decisions; could claims arise from improper venue selection?

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)

Use of judges as mediators; when is the right time to mediate?; when will discovery or a ruling on a key issue facilitate mediation?; who should attend?; what information should be exchanged and what should be confidential to the mediator?; possible case study of ResCap mediation or other example

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

Challenges posed by lack of precedent on cramdown, good faith, etc.; recent developments/precedents arising out of Vallejo, Stockton, Central Falls, Jefferson County, etc.; labor, pension and OPEB issues (who owns pension plans and assets?); general obligations vs. dedicated revenues vs. secured interests; federal and state constitutional issues (contract modification, pension impairment, imposition of taxation, limitations on spending, etc); state alternatives to chapter 9; selling/privatizing municipal assets; post-confirmation enforceability of taxing and paying agreements (Jefferson County); Oppenheimer AMT-Free Municipals decision; possible updates on Puerto Rico, Detroit; possible discussion of consequences of recent developments to the future of the municipal finance market