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South Carolina State Approved Sessions

Litigation Round-Up

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.
1 hour 23 minutes 56 seconds

BAPCPA and Legislative Fixes: 20 Years Later

This panel will discuss the wide-ranging changes to the Bankruptcy Code resulting from the 2005 amendments, and how they do and do not continue to affect bankruptcy practice today.
1 hour 14 minutes 7 seconds

Annual Paskay Memorial Luncheon Keynote and Networking

Joe Navarro will explore the applied use of nonverbal communication in business to better understand, manage or negotiate with others. Drawing on his decades of experience studying human behavior, Joe will highlight those key behaviors executives need to know to decode the world around them.

Creditor Remedies: Point/Counterpoint

This panel will discuss different tactics creditors use to pursue the collection of debt, how debtors can defend against collection efforts and pursue claims when a creditor has gone too far, how creditors can minimize their exposure to such claims, and the potential impacts of pre-petition proceedings on creditors and debtors when a debtor files a bankruptcy petition.

Adversary Proceedings and Evidence

This panel will cover procedural and evidentiary issues that can arise in the context of adversary proceedings and contested matters related to expert witnesses and expert reports, witness examination, and the introduction of electronic content into evidence.

Ethics Jeopardy

Presented in a game show format, this session will feature real case examples, enabling attendees to learn about the nature of the duty of zealous advocacy, under what circumstances lawyers do cross the line, and the ethical and other consequences of being under- or overzealous.

Chapter 11 Updates and Core Issues

This panel will discuss subchapter V updates, including dischargeability, voting and other issues, and will feature a Showdown at the Supremes discussion on Purdue Pharma, as well as a point/counterpoint talk on merchant cash advances (MCAs) and their related bankruptcy issues.

Appeals

Two lawyers who regularly handle bankruptcy appeals, along with a district court judge who hears bankruptcy appeals, will lead this panel focused on key bankruptcy appeal topics.