Maryland State Approved Sessions

Preservation and realization of NOLs through plan structures (Capmark, WaMu, Fremont General); tax-sharing agreements and allocations of tax benefits (Edison Mission); OID (ResCap); excess loss account; fair market exchanges; transfer pricing (Nortel); trading restrictions and more.

In today’s post-BAPCPA environment, why file for bankruptcy at all? Consideration of alternatives, including out-of-court restructurings, state law restructuring statutes, ABCs, foreclosures; receiverships; discussion of common problems, including solicitations and hold-outs.

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.

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.

Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.

This panel will discuss the increasingly prevalent use of receiverships under state and federal law by lenders to distressed companies as an alternative to bankruptcy. But the two schemes are not mutually exclusive, and sometimes they collide. The panel will explore the various legal and practical differences, benefits and disadvantages of receiverships vs. bankruptcy, and issues that arise when the two meet.

Health care bankruptcy filings went up 38 percent between 2010-14. This panel will examine current issues facing the health care industry and the intersection of health care law and bankruptcy. Topics will include 363 sales, reorganization, issues related to provider agreements, regulatory issues and health care ombudsmen.

This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.