Indiana State Approved Sessions

This panel will highlight problems with loan documentation and transfer, escrow issues in proofs of claim and post-petition, proliferation of automatic stay and discharge violation litigation, and the impact of regulatory developments in the treatment and servicing of mortgage loan claims.

Join a distinguished group of panelists involved in the hiring — and firing — of bankruptcy professionals. Hear how you can serve clients better and make them want to work with you.

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters to be discussed will be timely issues involved in preference actions, including both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.

This panel will provide a review and analysis of § 1129(a) and (b) confirmation standards focused on recent and hot topic areas affecting senior and junior secured creditors. Discussed will be Momentive Performance issues, including cramdown interest rates at below-market rates even when market rates exist, the extent of the subordination of senior subordinated noteholders, the enforceability of make-whole payment provisions in chapter 11 plans, and intercreditor and cramdown issues.

This session will include a discussion of coverage, the need for coverage, covered and non-covered conduct. The panel will provide insight into common and esoteric issues in bankruptcy cases involving D&O and E&O policies, and trends that arise during a claim for D&O and E&O liability insurance coverage.

Oscar Wilde said that “experience is simply the name we give our mistakes”. This panel of Judges will address mistakes that attorneys make during litigation seen from the perspective of the bench.

Does a secure creditor engage in inequitable conduct if it acquires debt, or makes a loan with the intent to acquire the debtor rather than collect on the loan? This panel will discuss “Loan-to-Own” and other common and singular Section 363 bidding and acquisition strategies, including the pitfalls and advances of each.

Does an ABC Really save time and money? What about liability; or automatic stay? Can I just lock the door and walk away? This panel will discuss these questions and more including discussing timing, alternatives processes to bankruptcy, forcing an involuntary bankruptcy, tax liens and anti-assignment contract clauses and the professionals role in such processes.

NO CLE Credit Available - Free Session. Join in a dialogue led by former ABI Presidents: Richardo I. Kilpatrick Kilpatrick & Associates, PC; Auburn Hills, Mich. Melissa Kibler Knoll Mesirow Financial Consulting, LLC; Chicago Michael P. Richman Hunton & Williams LLP; New York

This program analyzes the practical aspects of asset protection planning (i.e., what works and what does not). The program discusses practical goals and limitations of asset protection, including exposure points related to avoidance actions under the Uniform Fraudulent Transfer Act and Bankruptcy Code. The program will discuss various structures utilized, as well as the practical implications of such planning.