Vermont State Approved Sessions

Hosted by the International and Young & New Members Committees This panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 ""40 Under 40"" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.

Hosted by the Mediation and the Unsecured Trade Creditors Committees Formatted largely as a mock mediation session, this interactive panel will demonstrate best practices to prepare for, participate in, and successfully conclude a mediation session. Topics will include pre-mediation written submissions, preparing clients (and oneself) for a mediation session, managing the mediator and the client once the session begins, strategies for guiding a mediation session to a successful resolution, and tips for breaking an impasse.

Avoiding being sued along with or in lieu of your client and avoiding ethical violations and malpractice.

This panel will discuss special problems in ag-based DIP financing and cash collateral use and dealing with tax claims and pre-petition sales.

This panel discussion will concentrate on issues commonly encountered when a closely held business and its individual owners and related businesses have financial problems, including regarding application of the absolute priority rule/new value exception to individual chapter 11 bankruptcies, conflicts, corporate governance, substantive/procedural consolidation and compensation issues

“Proceed” With Caution: Navigating 11 U.S.C. § 552’s effect on prepetition security interests in proceeds of various assets

This panel will cover the case timeline including notable appeals and decisions.

The panel will address the pros and cons of a 363 sale, essential provisions to include in your bidding procedures and hot topics in 363 sales including credit bidding, reopening an auction, consigned goods, sale of customer information and successor liability.

This panel will discuss the plan effective date, rule amendments and plan confirmations.

The panel will explore various express and implied trust interests and the issues they raise in bankruptcy, from what becomes property of the estate to exemption and avoidance issues, including under Bankruptcy Code Section 548(e) directed at domestic asset protection and other self-settled trusts.