South Carolina State Approved Sessions

This panel discusses idiosyncrasies and potential ethical traps of the attorney/client privilege laws in the Caymans and the U.S., and when those laws apply, even in recognition and other cross-border matters.

This panel will update attendees on the latest trends in recent chapter 15 cases and cross-border restructurings, identifying key legal principles, emerging patterns in judicial decision-making, and the broader implications these cases have for international insolvency practices.

Sponsored by ABI's Real Estate Committee The commercial real estate economy has weathered back-to-back storms: a global pandemic, which brought swift changes in demand across asset classes and geographic markets, and aggressive Federal Reserve actions to curb inflation with rate hikes, which have finally begun to ease. As we kick off a new year, the ABI Real Estate Committee is presenting a Commercial Real Estate Economic Outlook featuring Brandon Svec, National Director of Analytics for CoStar Group. Brandon will share his views on where things stand on a macroeconomic level, by property type, and on other forces impacting this sector, enabling ABI members to stay ahead when new real estate matters cross their desks. Plus, he frequently presents on the real estate economy to leading lending, development, acquisition, and brokerage firms across the nation. The program will cover key questions, such as: Which asset classes and which parts of the country are showing elevated distress that could present opportunities for ABI members in the year ahead? Is the change in the demand for office space permanent? What impact might the leadership transition in the White House and Congress have on the real estate economy? *This webinar is no longer approved for CLE credit in WI.

Hosted by Financial Advisors and Investment Banking & Unsecured Trade Creditors Committees This panel will discuss the strategic use of valuation evidence throughout the life of a chapter 11 case, from financing and sale process to confirmation and fraudulent conveyance/other litigation.

Hosted by Commercial Fraud & Ethics and Professional Compensation Committees This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.

This panel will provide an in-depth examination of the claims-allowance process in bankruptcy, focusing on the latest developments and contentious issues that are shaping this critical area of practice. As bankruptcy courts continue to address complex claims-related disputes, understanding the nuances of standing, timing and calculations has become more important than ever for practitioners.

Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? What if the professional has relationships with others in the case? The professional may bring significant experience and value to the table, some being derived from its prior representation of the debtor, creditors or others involved in the case. When do these considerations outweigh the interests of the estate and the integrity of the system? Is disclosure of the potential conflicts and relationships enough? This panel will explore these and related issues to help guide professionals and judges alike.

Hosted by Bankruptcy Litigation & Real Estate Committees Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.