South Carolina State Approved Sessions

Hosted by the Bankruptcy Litigation and Consumer Bankruptcy Committees This panel will discuss the current state of the law and open issues regarding the automatic stay, discharge injunction and sanctions in light of the Supreme Court’s rulings in Fulton v. City of Chicago and Taggart v. Lorenzen.

The pandemic changed the world of bankruptcy judges and bankruptcy practitioners. This panel will provide critical information to help you make sure you have the tools necessary to participate in this race to change.

What is in a liquidating trust agreement? What sections of the Bankruptcy Code continue to apply? Is a liquidating trustee really an estate representative under 1123(b)(3)? If so, what are the limits? What liquidating trust issues should the bankruptcy court retain jurisdiction over and what should be kicked to state court given it is a trust created under state law?

This session will discuss how to get your consumer bankruptcy appeal across the finish line. We’ll cover strategic considerations, common pitfalls (e.g., standing, finality, mootness) and tips for navigating the course.

This will be a lively discussion of the latest cases involving student loan dischargeability and issues related to litigating in this area, including what constitutes “undue hardship”, the Brunner Test, consideration of income-based repayment programs and other related topics.

Leading experts on Subchapter V bankruptcy will address key issues and strategies.

If you're looking for black and ethnic minority bankers in senior positions at banks, you'll have to look carefully. And you may not even know that minority banks exist. This panel will include a thought-provoking discussion around diversity and inclusion initiatives based on their personal and professional experience. The goal of the panel is to encourage an open dialogue and educate our attendees on the benefits and challenges of diversity and practical suggestions for achieving a more diverse workplace.

This program would focus on what each section of 523 is really meant to address. Unfortunately, these complaints, more often than not, tend to recite a story and then the plaintiff tries to establish a cause of action under each provision of 523 to see what will stick, rather than pleading just the correct and applicable section(s).

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

A complex web of divergent actors pose consistent threats to data handled by the judiciary and the legal profession. This salon will focus on basic principles of cybersecurity and best practices for maintaining resiliency. No IT experience required – this session is intended to help empower all participants in managing risk and contributing to the collective defense against this bane of our 21st Century existence.