South Carolina State Approved Sessions

Resolution of important issues in bankruptcy occasionally depend on which Circuit the case is pending. In this session, a panel of three preeminent judges will hear arguments by three sets of outstanding advocates on important topics where the Circuits are divided.

Many debtors cannot afford to pay Ch. 7 fees in full in advance of filing. This leads to perverse outcomes for debtors, including the common filing of Ch. 13 cases solely to obtain a stay while paying counsel’s fees over time or not filing a needed bankruptcy. Courts across the country are adopting local rules allowing prepetition agreements to render services post-petition for payments to be made post-petition. Many courts do not allow this. What is appropriate?

A Discussion Surrounding the Current Developments in Make-Whole Litigation - Where It’s Going and Issues on the Horizon.

While some of us choose to live in denial, the Federal Rules of Evidence are not optional, as they represent one of the foundational pillars of any successful insolvency practice. This program will explore some of the more complex evidentiary issues confronted by insolvency professionals. The program is designed to provide an interactive format through discussion, debate, polling, and ultimately, observations from the Oracle of Evidence herself.

Three bankruptcy judges present difficult issues they have faced and ask you to step into their shoes; to discuss the issues in small groups discussions; and to decide what you might have done in their shoes. What you learn from your colleagues and what the judges then reveal will be interesting, educational, and revealing.

Resolution of important issues in bankruptcy occasionally depend on which Circuit the case is pending. In this session, a panel of three preeminent judges will hear arguments by three sets of outstanding advocates on important topics where the Circuits are divided.

A conversation on how bankruptcy courts can get ready for the expected tsunami of mortgage defaults post-COVID and beyond. The panelists will share recent updates on extending the same process to address student loan defaults in chapter 13 bankruptcy cases.

Consolidations and closures of small colleges, and increasing demands on charter schools' finances, have been growing trends that have only been exacerbated by the COVID pandemic. This panel will discuss how the pandemic has impacted enrollment, financing and out-of-court workouts, and, where appropriate, chapter 7 and 11 filings. The panelists will also consider the effects of COVID-related litigation regarding tuition reimbursement and potential enrollment contract modifications.

Focus on strategy for restructuring/recovery in hard-hit industries and adapting for changes in consumer trends (i.e., movies, concert venues, fast-casual restaurants, mall/retail space, business travel).

Build a program on the upcoming ruling in the US Supreme Court case involving the City of Chicago’s auto impound and ticketing practices. The case is Illinois v. Fulton. This could have impact on repossession, bank account freezes and other creditor action. It is a national issue.