Vermont State Approved Sessions

This panel will delve into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists will focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.

This panel will discuss whether avoidance action is property of the estate, a trustee’s right to sell, and derivative standing issues.

This panel will discuss ways in which practitioners can deal with the assumption/rejection deadline, rent caps, corporate authorities and other lease issues.

This session will focus on artificial intelligence, disclosures, privilege issues and sanctions.

Hosted by ABI's Consumer Bankruptcy Committee With the climate of COVID-19 in the rearview mirror, the consumer bankruptcy process now largely resembles the normalcy that had been elusive during the pandemic. However, remnants of COVID legislation have influenced escrow accounts of consumer debtors and consequently impacted mortgage creditor proofs of claim. Starting with Regulation X and how to perform an escrow analysis, this presentation will discuss escrow and proofs of claim, post-petition escrow accounting (payment change notices under Bankruptcy Rule 3002.1(b)), and the effects of the CARES Act on the treatment of escrow in chapter 13 proceedings.

This panel will discuss the changes and trends in dealing with distressed commercial real estate, including commercial office buildings, high-rise office buildings, medical offices, apartments, nursing homes and shopping centers, among other assets. We also will discuss loan workouts, remedies for distressed loans such as receiverships, foreclosures, deed of trust sales, deeds in lieu of foreclosure, guarantees, abandonment or turnover of assets and bankruptcy, and landlord/tenant issues and their impact on the landlord’s loan. The topics in this interactive discussion apply to and are not unusual for attorneys experienced in real estate finance, loan workouts, receiverships, bankruptcy and lender liability.

This panel will discuss and analyze current notable business and consumer bankruptcy cases.