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North Carolina State Approved Sessions

CONSUMER TRACK: What Is Hot in July Besides the Weather? Litigation in Consumer Cases, Part 2

This is the second part of a two-part panel that will cover a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
1 hour 36 minutes 31 seconds

CONSUMER TRACK: What Is Hot in July Besides the Weather? Litigation in Consumer Cases, Part I

This two-part panel will cover a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
1 hour 29 minutes 45 seconds

Ethics Session: Say Hello to My Little Friend, LLC: Ethical Issues Related to “Aggressive” Asset-Protection Planning and Lying Clients

This presentation will discuss ethical issues relating to representing debtors who have engaged in “aggressive” asset protection/exemption planning, the problem with using involuntary bankruptcies to resolve corporate disputes, issues on representing involuntary debtors, and what to do about clients who lie under oath or knowingly fail to turn over discovery.
1 hour 19 minutes 15 seconds

CONSUMER TRACK: Bankruptcy and Divorce: Critical Issues for Attorneys (and the Start of a Sad Country Song)

Domestic-support obligations, the impact of the automatic stay in domestic-relations cases, discharge litigation in chapter 13s, the retention of domestic-relations counsel in bankruptcy, same-sex spouses in bankruptcy cases in states where same-sex marriage is not recognized, and other “cheerful issues” frequently confronted in cases that involve both financial distress and domestic problems. This panel will provide an update on these and other important legal topics in this dark area of bankruptcy law.
1 hour 24 minutes 25 seconds

A Survey of Current Developments

This panel will discuss the Supreme Court’s decision in Bellingham, the coming decision in Wellness, as well as other topical issues of interest.
1 hour 27 minutes 6 seconds

How to Make It Rain: Tips from Seasoned Business Developers

A panel of proven rainmakers will share their tips on how restructuring professionals of any age can learn to bring in new business.
1 hour 17 minutes 15 seconds

Independent Directors, Beware! Corporate Governance Issues in Restructurings, Chapter 11 Cases and Liquidations

Independent board directors play a vital and increasingly important role in restructurings. Acting as an independent director has great rewards, but it also has risks in today’s restructuring environment. This panel will analyze and discuss a variety of issues related to corporate governance in restructurings and liquidations, including (a) the recruitment, appointment, role and duties of independent directors, (b) how to establish an independent board of directors, (c) the role of lawyers and financial professionals in advising a board of directors and independent directors, and (d) D&O claims, insurance and potential risks to independent directors.
1 hour 16 minutes 43 seconds

Crossing the T’s and Dotting the I’s: Documenting the Settlement Agreement

This panel will explore ways to draft pre-petition settlement agreements so that they are “bankruptcy- and preference-proof.” Post-petition settlement agreements will be addressed, with a focus on a discussion of releases, further assurance clauses, indemnification issues, and the settlement of various types of contested matters and adversary proceedings such as claims objections and avoidance actions.