Kentucky State Approved Sessions

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

As more states are adopting asset-protection trust statutes, more issues have been arising in bankruptcy when these trusts take center stage in a fraudulent transfer, substantial-abuse, alter-ego or objection-to-discharge battle. This panel will provide insight into the creation of asset-protection trusts, issues that arise when these trusts are challenged in bankruptcy, and practical tips for both creating asset-protection trusts that can withstand bankruptcy challenges and litigating these trusts in bankruptcy.

The panel will discuss and contrast (and will invite the workshop attendees to discuss) the various options for ending chapter 11 cases after the debtor’s assets have been sold, including plans of liquidation, liquidation and litigation trusts, dismissals, structured dismissals and conversion. Issues will include things to consider when planning for the debtor’s wind-down staffing and budget. The panel will also discuss the rest of the story from the perspective of the § 363 purchaser, focusing on recent developments in successor liability.

Potential buyers often have significant leverage over distressed sellers of assets and are able to influence or dictate the nature of the sale process. This panel will examine the considerations that a potential buyer of a distressed company should make when it has the opportunity to choose the appropriate process and venue for pursuing such acquisition. We will outline the pros and cons of Article 9 sales (both public and private), receivership sales, § 363 sales and “loan to own” strategies, including with respect to issues related to successor liability, funding considerations, operational concerns, timing, legal risk and deal certainty.

This panel will discuss the current status of the law related to lien-stripping in chapter 7 and chapter 20 cases — including an update on the lien-stripping cases pending before the Supreme Court and Eleventh Circuit, and their potential impact on future bankruptcy practice in all chapters.

This panel will take an objective look at the viability and the purposes of the proposed national plan form and the amendments to the bankruptcy rules related thereto.

This panel will look at several bankruptcy mortgage mediation programs around the country, and will discuss what parties need to do in order to make mortgage mediations successful in consumer bankruptcy cases.

This is not your run-of-the-mill current developments session. The all-star members of this panel will explore recent consumer topics, case law and rules, and proposed rules and forms, and will offer their varying opinions and arguments in a lively debate-filled format that is sure to enlighten and entertain.

We are in the midst of a transformation of the bankruptcy bench; more than 100 judges have been sworn in over the last few years. This panel of some of the newer members of the judiciary will present their advice to practitioners appearing in their courtrooms.

This panel will present an in-depth discussion as to what rights and obligations a licensor and/or licensee has in a bankruptcy case. Section 365(c)(1), (g) and (n) will be highlighted, as well as the impact that the Sunbeam decision will have on the courts.