New Jersey State Approved Sessions

This session will discuss and analyze key rulings and the strategic implications of recent bankruptcy case law from the Rocky Mountain region, with an emphasis on decisions from courts within the Tenth Circuit.Learning Objectives:Identify and understand significant recent bankruptcy decisions from within the Tenth Circuit.Evaluate how recent rulings affect general practice and case strategy.Apply key caselaw developments to everyday practice to reduce risk and strengthen advocacy in bankruptcy proceedings.

Think you know how to play nice in the sandbox of Utah's legal profession? Put your knowledge of the Utah Standards of Professionalism and Civility, along with those from around the country, to the test in this fast-paced, laugh-out-loud CLE experience modeled after the classic television game show Password. Contestants from the audience will face off in a battle of clues and quick thinking, where the winning "passwords" aren't just game show gold — they're the very principles of dignity, respect, and professionalism that separate the great lawyers from the merely licensed ones. Whether you're a seasoned practitioner or a fresh-faced associate, this session delivers serious ethical guidance wrapped in a whole lot of fun. CLE ethics credit available — dignity is its own reward.Learning Objectives:Attendees will analyze key provisions of the Utah Standards of Professionalism and Civility and identify conduct required to maintain good standing as a licensed attorney.Attendees will evaluate real-world case law and fact patterns to distinguish between compliant and non-compliant professional behavior under the Utah Standards.Attendees will examine ethical obligations specific to bankruptcy practitioners, including conflicts of interest, unauthorized practice of law, interactions with pro se parties, and duties of candor to the court.Attendees will assess the application of the Utah Standards of Professionalism and Civility to out-of-state attorneys, including relevant local rules and cross-jurisdictional practice considerations.Attendees will apply principles of professionalism, civility, and ethical responsibility to practical scenarios in an interactive setting designed to reinforce best practices."

This session will reflect on who gets the benefit of the doubt in bankruptcy and who never does. The panelists will discuss how race, gender, class, geography, professional polish, familiarity with the court and judges, and whether a debtor is a repeat filer can impact case outcomes.Learning Objectives:Attendees will explore how narratives and perceptions about "good" and "bad" debtors can influence decisionmaking and outcomes in bankruptcy proceedings.Attendees will examine how factors such as race, gender, class, geography, and familiarity with the court may shape credibility assessments and the exercise of discretion in bankruptcy cases.Attendees will consider strategies for recognizing and addressing implicit bias and power dynamics in courtroom advocacy and case administration.

Everyone thinks they have their form plan figured out, but what if there are issues you didn’t think about lurking in your plan? After confirmation, what comes next? What if the plan never actually goes into effect? This panel will help you avoid issues you might not have thought about once that confirmation order is entered.Learning Objectives:Attendees will identify common pitfalls and overlooked provisions that can create problems in chapter 11 plans and plan confirmation orders.Attendees will assess post-confirmation risks and challenges, including issues that arise when a confirmed plan fails to become effective.Attendees will implement practical strategies to anticipate and address potential post-confirmation complications before they become case-disrupting problems.

The law of secured transactions is often called a "trap for the unwary," especially for bankruptcy lawyers. This session will address common (and costly) mistakes that result in avoidance and missteps in the repossession and sale of collateral. The panelists will take up tricky perfection issues, priority and questions of scope — so you can navigate secured transactions with confidence, not caution tape.Learning Objectives:Understand the scope of UCC Article 9 — what it covers and when other law governs.Identify errors that lead to avoidance and learn how to prevent them.Apply the legal requirements for repossession and sale of collateral, with particular attention to the law developed in Colorado, Utah and Wyoming.

What do you do when your client comes to you in an emergency, and what is and is not an emergency for the purpose of first-day motions? How do you prepare for a bankruptcy filing with virtually no time to spare? How do you stabilize operations through a short transition, and what do you do if there is an out-of-the-gate motion to dismiss for bad faith? This panel will aim to help you keep your calm in a crisis so that your efforts culminate in a successful case.Learning Objectives:Attendees will recognize common crisis scenarios that arise immediately before and after a bankruptcy filing and distinguish true emergencies requiring first-day relief.Attendees will develop strategies for rapidly preparing a bankruptcy filing and first-day motions when time and information are limited.Attendees will examine practical approaches for stabilizing operations and responding to early case challenges, including motions to dismiss for alleged bad faith.

We’ve all seen intangible assets on balance sheets — from intellectual property (IP) and franchise agreements to customer lists and goodwill. What do we do with IP, and how do we use it or value it to have a successful reorganization and not just a sale? This session will provide takeaways you can use to inform your next case.Learning Objectives:Define the evolving scope of intellectual property (IP): Participants will be able to identify the major categories of IP and explain how modern business models are expanding what counts as IP, including data, algorithms, customer relationships, and other emerging intangible assets.Analyze why IP matters in restructuring strategy and negotiation: Participants will understand how IP can influence leverage, value and deal dynamics in a reorganization, and evaluate ways to use IP assets or IP gaps to shape plan negotiations, monetization strategies, and outcomes beyond a simple sale.Apply practical approaches to protecting and maximizing IP value in distressed situations: Participants will be able to spot common pitfalls such as overlooked, unprotected or undervalued IP, and apply practical tools and case study strategies to preserve, enhance, or monetize IP to reach a successful restructuring solution.

Featuring the regional judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues.Learning Objectives:Attendees will identify current issues and emerging trends in bankruptcy practice as viewed from the perspective of regional bankruptcy judges.Attendees will gain insight into judicial expectations, procedural preferences, and effective advocacy strategies in bankruptcy court.Attendees will analyze common challenges and questions arising in bankruptcy cases and how courts are addressing them in practice.

Join us for an intensive, practical workshop developed for bankruptcy attorneys and financial advisors who want to leverage artificial intelligence (AI) in their daily practice. Moving past the theoretical debate surrounding the use of AI, this bootcamp will focus entirely on its practical applications in a § 363 sale context from start to finish by demonstrating the use of cutting-edge AI tools in a restricting case.Learning Objectives:Attendees will identify practical ways artificial intelligence tools can be integrated into bankruptcy and restructuring workflows, particularly in the context of a § 363 sale.Attendees will evaluate how AI can assist with common tasks in a restructuring case, including document drafting, data analysis, and transaction management from the beginning through the closing of a § 363 sale.Attendees will apply best practices for using AI tools responsibly and efficiently in legal and financial advisory practice while navigating ethical and professional considerations."

Hosted by the Financial Advisors and Investment Banking CommitteeCourts have begun addressing the admissibility of AI-assisted expert work, including in bankruptcy and analogous litigation contexts, with some uses excluded and others permitted depending on verification, disclosure and methodology. This program examines recent decisions, including In re Celsius Network LLC, Matter of Weber, Kohls v. Ellison and Ferlito v. Harbor Freight; the December 2023 amendments to Federal Rule of Evidence 702; and emerging court guidance on AI disclosure.The panelists will discuss the ways in which AI tools may assist with valuation work in bankruptcy proceedings, and what documentation courts are likely to expect from experts. They also will focus on the practical uses of AI in financial analysis, the legal standards governing expert testimony, and the circumstances under which traditional valuation methods remain essential.