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New York State Approved Sessions

Health Care Insolvency

This panel of health care experts will discuss current topics in health care insolvency focusing on the key issues and areas that will impact cases in 2017 and 2018

Article 9: UCC Security Interests in Proceeds of Collateral

“Proceed” With Caution: Navigating 11 U.S.C. § 552’s effect on prepetition security interests in proceeds of various assets

Litigation: Expert Cross-Examination Stratego!

Challenging an expert witness requires more than just wondering what questions to ask on cross-examination. Is the expert witness even an expert in the right subject matter? Should the expert be deposed before trial and challenged before he or she takes the stand, or would cross-examination without giving the expert the clues that come with deposition questions present the best opportunity to defuse the weight of the expert’s opinion? How can the trial lawyer prepare for cross-examination of an expert and contain the damage done on direct examination of the expert? What are the essential attributes of strong cross-examination, and how should the trial lawyer deliver the most effective and forceful cross? What are the most effective cross-examination strategies for impugning and impeaching an expert’s opinion? This panel will discuss the legal, strategic and practical considerations that arise in preparing and delivering effective cross-examination, followed by experienced trial lawyers demonstrating techniques for effective containment and impeachment of expert opinion and testimony — with an experienced judge letting them know in real time whether they succeeded.
1 hour 14 minutes 29 seconds

Farm/Agribusiness

This panel will discuss special problems in ag-based DIP financing and cash collateral use and dealing with tax claims and pre-petition sales.

When Cases Collide

This panel discussion will concentrate on issues commonly encountered when a closely held business and its individual owners and related businesses have financial problems, including regarding application of the absolute priority rule/new value exception to individual chapter 11 bankruptcies, conflicts, corporate governance, substantive/procedural consolidation and compensation issues

363 Sales

The panel will address the pros and cons of a 363 sale, essential provisions to include in your bidding procedures and hot topics in 363 sales including credit bidding, reopening an auction, consigned goods, sale of customer information and successor liability.

Trusts and Other Interests

The panel will explore various express and implied trust interests and the issues they raise in bankruptcy, from what becomes property of the estate to exemption and avoidance issues, including under Bankruptcy Code Section 548(e) directed at domestic asset protection and other self-settled trusts.

Chapter 13 Potpourri

This panel will discuss the plan effective date, rule amendments and plan confirmations.