New York State Approved Sessions

This panel will examine recent municipality filings and issues that arise in these cases, such as the ability of public utilities/public service entities to file under the Bankruptcy Code (i.e., to what extent is it an extension of the municipality), interaction with state and federal law, tax-exempt economic-development bonds, and whether there should be a mechanism for distressed states to file. Discussion will include updates on Puerto Rico and other cities.

In this session, the panel will delve into recent chapter 15 decisions and the use of cross-border protocols in complex multijurisdictional cases ( e.g., SDNY General Order M-511, Delaware LBR 9029-2). Learn about preparing a cross-border case and cash-management issues across cross-border estates, difficulties that arise when dealing with foreign boards, subsidiaries in foreign jurisdictions and limited resources to manage the complications, and the winding down and liquidation of cross-border estates.

What is consent, and how do you infer consent? This panel will discuss jurisdictional issues with third-party releases, as well as recent cases (Millennium Health, Gawker, SunEdison).

This panel will cover the effects of the recent Supreme Court decision under § 546(e) of the Bankruptcy Code, valuation of avoidance actions, pre-bankruptcy planning, creditor intervention, and conflicts preventing individual debtors from pursuing claims.

This panel will discuss the process of developing and implementing post-confirmation trusts, including the transfer of litigation claims to a trust, claimant direct claims vs. company claims, trustee with discretion vs. board with veto power, voting by beneficiaries, reporting, distribution issues, funding, post-confirmation jurisdiction and involvement of the bankruptcy court, trustee liability, quasi-judicial immunity and indemnification, and interim and final distributions and tax considerations.

This panel will cover issues relating to the discharge of tax claims, objecting to tax claims and the utility of § 505, the consequences of not having tax returns on file as of the petition date, and other tax-related issues that impact debtors.

This panel will discuss alternatives to formal bankruptcy, including assignments for the benefit of creditors, abstention of a bankruptcy case under § 305, receiverships, state law dissolution and out-of-court workouts.

This panel will discuss (a) interactions with clients who have mental health problems, lying clients and unreasonable clients; and (b) spousal conflicts, joint individual and business case conflicts, conflicts that arise when changing firms, and multiple-owner business case conflicts.

Join the growing conversation about the intersection of race and socioeconomic barriers in bankruptcy. What are the facts? What can be done about reducing bias? What is our professional responsibility as bankruptcy professionals to overcome these barriers?