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New Jersey State Approved Sessions

Confirmation: The Rest of the Story

The panelists will continue the conversation on confirmation by examining judicial vs. market valuation, valuation in light of Speedcast Int’l., equitable mootness, exclusivity termination, and the latest developments in § 363 sales.
57 minutes 39 seconds

Confirmation: Brave New World?

This session will cover one-day cases and the impact of the extraordinary and unforeseen changes in the economy. Are death-trap plans permissible or bad faith? The panelists will also discuss feasibility in a post-COVID world and RSAs.
59 minutes 37 seconds

COVID-19: Infecting Employment Issues in Bankruptcy

This panel will discuss the WARN Act, KERPs and KEIPs, vacation/sick time and the § 507(a)(4) cap, varying state laws on severance claims that are driving the locations of filings, and more.
1 hour 14 minutes 37 seconds

First Look at Small Business Reorganization Act Cases

This panel will review the implementation, practical effects, unintended consequences, and foreseen and unforeseen problems related to the Small Business Reorganization Act.
1 hour 13 minutes 47 seconds

ABI-Live: Facilitation Skills for Subchapter V Trustees

Hosted by ABI's Mediation Committee Subchapter V trustees, who are likely to be lawyers, accountants or financial advisors, often don't have any formal training in facilitation. This webinar, featuring subchapter V trustees, lawyers and a retired judge with years of experience in bankruptcy and mediation, will cover the fundamentals of facilitation — including its purpose — and basic skills trustees may wish to employ in their work.
1 hour 12 minutes 43 seconds

M&A, Startups and Where We Go from Here

This panel will focus on current M&A activity in the health care industry and where the opportunities lie, including in startups and other technology.
40 minutes 43 seconds

ABI-Live: Key Concepts in Subchapter V Real Estate Cases

Hosted by ABI's Real Estate Committee Join this panel of subchapter V trustees and attorneys counseling debtors and creditors as they review the basic tenets of the subchapter V legislation, including revisions made to the CARES Act of 2020, with a focus on real estate-based cases. Topics for discussion include unique issues in play, common types of real estate cases being filed, success stories, debtor watchouts, and misconceptions about the role of subchapter V trustees.
1 hour 14 minutes 22 seconds

Litigating Director and Officer Claims in Bankruptcy

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.
58 minutes 57 seconds

ABI-Live: CFPB Mortgage-Servicing Regulations and Their Effects on Bankruptcy: An Update

Sponsored by ABI's Commercial and Regulatory Law Committee A distinguished panel of experts will discuss the background and scope of the latest mortgage-servicing regulations promulgated by the Consumer Financial Protection Bureau, and how they could impact your day-to-day bankruptcy practice.
1 hour 13 minutes 1 seconds

ABI-Live: The Texas Two Step of Tort Liability

Sponsored by Business Reorganization Committee Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. The “Texas Two-Step” involves a “divisional merger” permitted under the Texas Business Organizations Code and has garnered renewed national attention when it was used by Johnson & Johnson last month as the means to address tort liability arising from its talc products. Please join us for a webinar where our esteemed panelists will provide an overview of the Texas Two-Step, including key rulings, as well as important features and considerations in large tort bankruptcy cases generally, and discuss their reactions to and predictions for the J&J bankruptcy cases.
1 hour 21 minutes 31 seconds