South Carolina State Approved Sessions

This panel will address recent case developments in fraudulent transfer and preference law, and their practical implications for practitioners. The discussion will include whether and how to advise clients preparing for bankruptcy with an eye toward fraudulent transfer and preference issues, and whether and how to recover on and monetize these actions during bankruptcy.

This panel will present a mock trial focusing on valuation, with the panelists serving as counsel arguing each side, and as a witness and a judge. The session will cover direct and cross-examination topics that come into play with valuations, including expert witness issues, applicable evidentiary rules and procedural aspects.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!

Subchapter V arrived in 2020, offering qualifying individuals a restructuring alternative to standard chapter 11 and chapter 13. So what are consumer bankruptcy lawyers so afraid of?! This panel will review the differences between chapter 13 and subchapter V by looking at eligibility and reporting requirements, estate administration, and the nuanced differences of plan confirmation and discharge in each chapter. The panelists also will compare and contrast chapter 13 and subchapter V trustees, and will use several hypotheticals to highlight how a debtor’s particular circumstances will ultimately determine the choice between a 13 or a V.

Responding to complaints in federal court is a critical aspect of the U.S. legal system. This session will explore the various elements involved in crafting a comprehensive response to a complaint filed in federal court. The panelists will provide an in-depth analysis of the process, strategies and considerations for defendants when addressing allegations brought against them. By examining the Federal Rules of Civil Procedure, case law and best practices, this session will help equip legal practitioners and individuals with a thorough understanding of the response phase in federal court litigation.

This panel will focus on post-petition accrual of equity in real estate, the recent Supreme Court decision regarding tax violations, preferences, whether direct mortgage payments are considered “payments under the plan.”