Montana State Approved Sessions

Law Firm Bankruptcies and Certain Issues that Have Arisen in Them, Including the WARN Act and Recent Case Law

Real Estate Issues in Health Care Restructurings

The Power to Veto Bankruptcy Sales: Sports Leagues and Other Franchisors

A panel of judges will discuss current issues that divide the circuits and other hot topics relevant to both consumer and business bankruptcy practitioners.

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.

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

As if the Bankruptcy Code doesn’t give us enough to ponder, bankruptcy practitioners must consider the impact of the U.S. Tax Code on the decision-making process. This session will address the Internal Revenue Code “section 1398 short year” election and separate entity rules, discharge of tax claims, cancellation of debt (COD) income, and tax issues arising from mortgage modification, foreclosure, and transfer or abandonment of property.

This panel will discuss the creative ways that debtors, committees and settling parties are utilizing channeling injunctions, bar orders and settlements to curtail continued litigation to facilitate settlements in bankruptcy. In particular, the panelists will cover the applicable standards and the benefits that can be obtained for a bankruptcy estate and all settling parties.

The panel will address, in an interactive format, the equitable decisions rendered by courts that may modify, diminish or impact secured claims or secured creditors’ pre-petition agreements. For example, the program will cover the limitations on the post-petition effects of a security interest based on the equities of the case, surcharge issues and § 363(k) cause to preclude credit-bidding, as well as other equitable theories.

Although many "experts" predicted that we would be out of the foreclosure crisis well before 2013, many are still dealing with the ramifications of the burst real estate bubble. This session will explore current issues regarding mortgage claims and real property issues in chapter 13 bankruptcy cases, including how the National Mortgage Settlement affects debtors, Bankruptcy Rules 3001 and 3002.1, and general chapter 13 confirmation and cramdown issues.