Oklahoma State Approved Sessions

Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code’s provisions with respect to repurchase agreements, or “repos.” These agreements, which are equivalent to very-short-term (often one-day) secured loans, are exempt from such core bankruptcy provisions as the automatic stay, the avoidability of fraudulent transfers and the avoidability of preferences. Recent scholarship has questioned whether these exemptions are justified for mortgage-backed securities and other securities that could prove illiquid or unable to realize their long-term value in the event of the kind of panic experienced during the financial crisis of 2007-09. This panel will explore the arguments for and against revising the Bankruptcy Code’s existing treatment of these agreements.

Your favorite judges will answer the most difficult questions fielded from ABI members in the weeks before this event and from members of the audience. Hear the judges provide their input on best practices, interesting arguments and the current state of the law.

Secured Credit Under the Code and Commission Report

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy

Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions

Hemorrhaging Hospitals: Labor Issues in the Healthcare Insolvency E.R.

Consumer Mortgage Modification Mediation: A Florida Success Story

Structuring Cross-Border Deals to Protect Creditor Interests