Missouri State Approved Sessions

Several authors of ABI’s recent publication, The Chief Restructuring Officer’s Guide to Bankruptcy, will be joined by other experts to discuss various issues raised in the book and provide practical insight into the rights and responsibilities of CROs in distressed situations.

This program will cover recent developments in distressed-asset sales. Topics will include successor liability, finality of sales and adherence to procedures, the interplay between §§ 363 and 365(h), intellectual property sale issues, break-up fees, collusive bidding issues and other topical issues.

An issue consistently raised during the course of the Consumer Bankruptcy Fee Study was the effect of higher bankruptcy costs and the cumbersome and time-consuming bankruptcy process on distributions to unsecured creditors. Given that increasing creditor distributions was a reason for BAPCPA’s enactment, that this question was ripe for exploration. Prof. Lupica will present the findings of her study and the panel will discuss.

This first session of a new “skills” seminar series will examine documents that are often used to restructure debt outside of bankruptcy. Learn the purpose and legal underpinnings of the various component parts of frequently used workout documents such as forbearance agreements, intercreditor agreements and restructuring/override agreements. The panel will focus on real-world examples of good and bad provisions of workout documents and will provide drafting tips.

"Past President's Debate: Resolved: The chapter 11 model is no longer viable for middle-market businesses. Consumer Debate: Resolved: Section 523(a)(8) should be repealed or amended to allow for the discharge of all student loan debts. Judicial Debate: Resolved: Section 546(e) does not apply to each and every link in a chain of transactions resulting in a ""settlement payment"" that is protected by the safe harbor provisions."

Real Estate Short Sales and Carve-Outs

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

The Consumer Financial Protection Bureau has promulgated pervasive and dramatic new requirements on servicers, effective Jan. 10, 2014, to provide detailed and accurate information regarding a borrower’s mortgage and options to avoid foreclosure. The rules amending both TILA and RESPA are filled with liability traps for the unwary, including several provisions that conflict with bankruptcy law. At a minimum, the rules will require servicers to implement significant new software, compliance training and procedures to limit legal exposure. Learn from insiders what you need to advise clients. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).

With the economic challenges over the past five years, the lending landscape has changed dramatically. The boundaries for commercial and alternative lenders have changed, and borrowers’ options for financing are continuing to develop. Learn what commercial and alternative lenders can (and cannot) do for a borrower and how financing structures have become more creative to fit the needs of borrowers. Presented by ABI, TMA (Chesapeake), IWIRC (D.C./Maryland) and RMA (Potomac).