Nevada State Approved Sessions

Conflicting ethics and professionalism under different jurisdictions; required disclosures; duties to the various courts; duties to your client; different fiduciary duties; the ethics of insolvency planning and COMI-shifting.

Fraudulent transfer update (§ 546(e) (Lyondell, Tribune, Boston Generating)); Cortlandt; automatic stay litigation (i.e., requirement to turn over funds (Weber)); § 503(b)(9); aiding and abetting claims (Rural Metro); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits and Supreme Court (Exec. Benefits, Wellness).

Discussion of EPF bankruptcy process issues. What are the duties of directors and their professionals in complex multi-debtor cases? More generally, when is it necessary to obtain a conflict waiver? Current vs. recent vs. former clients; directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under Bankruptcy Code § 101(14) and related disclosure requirements; ABI Report on Standards of Professional Courtesy and Conduct.

Did BAPCPA Put Retail Bankruptcy Out of Business?

Labor and Employment Issues in Cross-Border Cases

Surviving Individual Business Bankruptcies- Considerations when choosing between Chapter 13 and Chapter 11

The panel will address trends in dischargeability, modification programs, prospects for legislative changes and other recent developments.

In today’s marketplace, more and more thought is being given to pursuing state law remedies rather than commencing chapter 11 cases. This is especially true in the middle market. This panel will discuss the financial professional’s role and obligations in out-of-court restructuring solutions, including compositions, foreclosures, assignments for the benefit of creditors and asset sales.