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Ohio State Approved Sessions

What Are the Limits of Sale, Plan and Constitutional Mootness?

Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.
1 hour 13 minutes 1 seconds

Very Good Debates: Judicial Debate

Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.
1 hour 20 minutes 31 seconds

Conflict Issues and Getting Paid

This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.

ABI Talks

Join us for a round of the “ABI Talks,” with speakers focusing on the ABI Consumer Commission, litigation finance in bankruptcy, transfers and more.

An Individual Chapter 11 Case Is Not Just a Bigger 13

This panel will discuss pre-petition considerations, disposition of assets and conversion concerns at issue in individual chapter 11 cases.

Chapter 7 Debtor and Trustee Interactions

This panel will focus on numerous chapter 7 issues, such as avoidable transfers, abandonment, exemptions, reopening of cases and asset-protection trusts.

Getting Paid and Avoiding Disgorgement

This panel will focus on carve-out issues, the effects of ASARCO and Baker Botts, and § 506(c) issues. The panel will also address retention issues and administrative insolvency.

Selecting and Advocating Expert Witnesses

This panel will address the selection and use of expert witnesses, including tips on how to select an expert, how to prepare an expert and what a judge might find most useful.

Chapter 11 Plan-Confirmation Issues

This panel will address various plan-confirmation issues, including third-party releases, equitable mootness, post-confirmation trusts, and the impact of cases such as Sunnyslope and Millennium Labs.

Discharge and Dischargeability Issues

This panel will address various discharge and dischargeability issues such as standing, imputation of knowledge and limitations on reopening cases.