Iowa State Approved Sessions

No asset cases, not so fast. The treasure trove of invisible assets: avoidable transfers, fraud claims, clawbacks and other approaches to finding assets in assetless cases.

This panel includes practitioners and a distinguished bankruptcy judge who will survey current business bankruptcy developments, including a wide range of issues from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.

This panel will address current developments and improvements in DIP financing, including incurring credit in the ordinary course, priming liens, fairness, adequate protection, loan fees, mootness and good faith.

Business Debate Resolved: Success fees for financial advisors should be eliminated. (Sides to be chosen by a coin toss at the beginning of the session.) Candace C. Carlyon Shea & Carlyon Ltd.; Las Vegas Frank A. Merola Stroock & Stroock & Lavan LLP; Los Angeles Judicial Debate Resolved: Claims benefiting from third-party guaranties may be separately classified. Pro: Hon. Barry Russell U.S. Bankruptcy Court (C.D. Calif.); Los Angeles Con: Hon. Eileen W. Hollowell U.S. Bankruptcy Court (D. Ariz.); Tucson Consumer Debate Resolved: Section 523(a)(8) limiting discharge of student loans should be eliminated. Pro: Kasey Cameron Nye Mesch, Clark & Rothschild, PC; Tucson, Ariz. Con: Madeleine C. Wanslee Gust Rosenfeld, PLC; Phoenix

Utilizing a case study, ABI's panel of experts will explore issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility, and voting. The panel will also walk attendees through the necessary mathematical analysis used to analyze these issues.

Practical pointers on how to deal with student loans in the context of a chapter 7 or 13 bankruptcy.

The transformation rule/negative equity, deficiency claims upon surrender of collateral, the applicable commitment period, contract interest, § 1322(b)(1) as it involves fixtures and personal property, and assignments of rent, § 1322(b)(2) as it involves the timing of the analysis.