Texas State Approved Sessions

In recent years, chapter 11 proceedings have garnered increasing attention from the media and the public in general. With congressional hearings on mass-tort bankruptcies, Texas-Two Steps and venue reform, politicians have sought soundbites about bankruptcy law to drive media coverage. Additionally, high-profile events tied to bankruptcy filings, like the collapse of FTX and other cryptocurrency firms, have drawn the attention of many who otherwise ignore the goings on of bankruptcy courts. This panel will discuss these current public perceptions (and misperceptions) of bankruptcy proceedings and how they affect the day-to-day practices of lawyers and judges.

A good insolvency professional knows that bankruptcy is not necessarily a good fit for every distressed situation. This panel will discuss why bankruptcy is not always the best option, and why alternatives such as assignments for the benefit of creditors, receiverships and Article 9 sales might be better fits.

This panel will consider the status of and current issues surrounding subchapter V, and predict where subchapter V is going based on recent decisions and trends. Key issues to be addressed include eligibility and debt limits, bar dates, confirmation, corporate discharges, the role and powers of the trustee, and more!

This panel will examine a host of real estate issues, including the intersection of reverse mortgages and bankruptcy, and the rights of heirs when a borrower files for bankruptcy; the distribution of equity in post-petition real estate sales, and how to determine who is entitled to the proceeds; whether, since Toth, the prime rate is the best measure of risk when applying the Till rate for total debt claims in bankruptcy; the classification of conduit payments, and whether direct mortgage payments should be considered part of bankruptcy plan payments; and effective strategies for addressing and resolving mortgage issues to guarantee that debtors achieve a fresh start post-bankruptcy.

This panel will discuss current ethical issues confronting attorneys who practice predominantly in the consumer bankruptcy arena, including attorney compensation and fees, potential conflicts of interest, limited representation/engagements, and counsel’s duty to investigate/"reasonable inquiry."

This panel will explore best practices for getting your case from the initial consult stage to final judgment on the merits by presenting a hypothetical fraud scenario with multiple interested parties. This must-do skills workshop is for anyone focused on litigation in bankruptcy court.

This panel will provide guidance and shortcuts on finding, recalling and complying with a variety of bankruptcy rules that are easily overlooked or misunderstood. What critical deadlines must you know? When can you not get an extension of time? Under what circumstances can you limit notice or service?

This panel will delve into the evolving legal challenges and restructuring opportunities for businesses caught between state and federal regulations, particularly those in the marijuana industry. The panelists will highlight alternatives to bankruptcy for marijuana-related businesses (MRBs) and their creditors, offering practical strategies for financial stability. The session also will cover innovative approaches to restructuring other businesses that operate in legally ambiguous spaces.