South Carolina State Approved Sessions

Amendments to Fed. R. Bankr. P. 3001; payment of tax claims; if a debtor surrenders real property post-confirmation in a Chapter 13 case, can the creditor file a deficiency claim and be paid under the Chapter 13 plan?; treatment of claims for ongoing condominium dues that accrue post-petition in a Chapter 13 when the debtor proposes to surrender the collateral.

Does the absolute priority rule still require absolute priority?; protecting stock transfers from avoidance actions through the use of 11 U.S.C. § 546(e); implications of the Dodd-Frank Act; substantive consolidation; liquidating Chapter 11s: potential conflicts of interest when unsecured creditors’ committee is the liquidating agent; credit-bidding issues.

Discussion of restaurant/franchise business reorganization issues.

Discussion of alternative dispute resolution and mediation procedures and strategies; enforceability of mandatory arbitration clauses in bankruptcy.

Learn to think through an individual Chapter 11 plan and spot critical issues that can affect your case. A panel of experienced individual Chapter 11 practitioners and a member of the judiciary will guide you, step by step, through a successful individual Chapter 11 case, and discuss problematic issues and solutions you can implement in your individual Chapter 11. Topics include: - Creating a budget on your schedules - Calculating your plan - Working with the US Trustee’s office - Tax issues - Application of the absolute priority rule - “Deemed” voting - “Reasonable and necessary” expenses - Addressing secured mortgage debts in the plan

As same-sex marriage continues to be sanctioned in states across the county, issues about the treatment of same-sex couples in bankruptcy have emerged. Does the Defense of Marriage Act (DOMA) limit a joint same-sex couple’s right to seek bankruptcy protection? How do same-sex divorces and support obligations impact the rights and obligations of debtors? And in states where only civil unions are available to same-sex couples, does that distinction lead to a meaningful difference for those seeking bankruptcy protection? This panel will discuss and debate the effect of DOMA on bankruptcy cases, the unique issues facing same-sex debtors and their families, and strategies to get debtors in same-sex relationships the debt relief they need.

When issues such as criminal fraud and embezzlement raise their ugly heads and there are potential nondischargeability issues, how do you guide a debtor through bankruptcy while still protecting his right not to incriminate himself? It is a delicate balance that affects all consumer attorneys, trustees and creditors. In this panel, practitioners will discuss strategies to aid in navigating the bankruptcy process when criminal charges are looming. The panel will consist of bankruptcy practitioners, criminal defense counsel and a trustee and will discuss how to help such debtors safely navigate the bumpy legal waters.

What post-BAPCPA issues continue to challenge chapter 13 practitioners, and what challenges lie ahead for debtors, creditors and trustees? This panel will discuss the most recent changes affecting chapter 13 practice: the claims process and Bankruptcy Rule 3002.1, as well as the national settlements involving the largest players in the home mortgage industry.

Stern v. Marshall: One Year Later In June 2011, the Supreme Court issued its watershed decision in Stern v. Marshall, restricting the scope of bankruptcy court jurisdiction under Article III of the Constitution. Stern has confounded judges, litigants and commentators alike. Although characterized by the Supreme Court as a “narrow” decision, Stern is proving to have widespread implications, the full extent of which remain to be seen as cases work their way through the bankruptcy, district and appellate courts. This panel will survey the contexts in which Stern has posed issues, the decisions construing and applying Stern in the year since it was decided, and the possible legislative responses to the decision.