New York State Approved Sessions

Class action lawsuits in both business and consumer cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know the best defenses against class certification? ABI’s panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies and by debtors/trustees against creditors and others by highlighting recent appellate and bankruptcy court decisions.

This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues with respect to plan confirmation, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. How would you rule?

NO CLE Credit Available - Free Session. Join in a dialogue led by former ABI Presidents: Richardo I. Kilpatrick Kilpatrick & Associates, PC; Auburn Hills, Mich. Melissa Kibler Knoll Mesirow Financial Consulting, LLC; Chicago Michael P. Richman Hunton & Williams LLP; New York

A detailed analysis of the many aspects of this important bankruptcy court decision.

This program will explore techniques and issues in the drafting of effective settlement agreements both before and after a bankruptcy filing. Pre-filing drafting issues will include such “bankruptcy-proofing” matters as the risk of a paying party’s filing, including a preference or fraudulent transfer attack, the running of a statute of limitations, “bad-boy guarantees,” and the preservation of nondischargeability. Post-filing and general drafting issues will include governing law, conditions to effectiveness, completion mechanics, penalties, factual recitations, notice, scope of general releases, judicial involvement and follow-up mechanics.

Young lawyers frequently learn that they will be working on a new chapter 11 case when they are directed to start drafting pleadings. This session, spearheaded by members of ABI’s Young & New Members Committee, is geared toward gaining an understanding of what precedes that moment by (1) advising and educating the new(er) generation of bankruptcy professionals on the background and “big picture” of a chapter 11 case, and (2) advising and educating the newest generation of bankruptcy professionals on pre-filing strategies. The panel will explore and help identify operational, financing and litigation problems that may be faced by distressed companies, then will explore both short-term and longer-term strategies that can be pursued before a petition is filed.

Health care is a key industry in which restructuring work will likely continue to grow in the coming years. This panel will discuss issues unique to health care insolvency, including sales of assets to for-profit and not-for-profit buyers, compliance with applicable nonbankruptcy law (i.e., federal and state regulations, including all state attorney general requirements), regulatory concerns such anti-trust laws and the Health Insurance Portability and Accountability Act (HIPAA), and the liabilities surrounding the transfer of Medicare provider agreements and Medicare and Medicaid recoupment and setoff.

Mortgage Regulation Update: New “Qualified Mortgage” and Ability-to-Pay Regulations, and Loan Servicing/Loss-Mitigation Regulations Practitioners can get up to speed on the new “Qualified Mortgage Rule” (the “QM”) and the ability-to-pay regulations to prepare for future mortgage claim disputes. This panel will discuss the changes to TILA and RESPA, as well as the new Consumer Financial Protection Board (CFPB) regulations on mortgage servicing.