The Future of Bankruptcy - The Good, the Bad and The Supreme Court's View
Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.
The Intersection of Ethics & Discovery (What Attorneys Need to Know)
This panel will cover the critical relationship between professional responsibility and rules of discovery. The panel will discuss the pitfalls and common mistakes that attorneys make with digital discovery and electronic evidence.
Is It or Is It Not Property of the Estate? § 541 Conundrums
Just what is and is not property of the estate? This panel will present a thorough review of § 541 and its application in real-world situations.
Riding Through Bankruptcy: Another Look at § 521 and the Debtor’s Intentions
The statement of intent and its value to the bankruptcy process will be the focus of this panel’s discussion, along with an updated look at the so-called fourth option: the debtor’s ride-through.
Ethics in Representing the Consumer Debtor
This panel will discuss the routine (and not-so-routine) issues that consumer bankruptcy practitioners face.
Critical Concepts for Avoiding Lender Liability (What All Lenders Should Know)
Neither a borrower nor a lender be. But if you are a lender or borrower you need to avoid liability by adhering to policies, using checklists and knowing individual and institutional risks. Come explore the common and uncommon reasons why lenders face liability and ways to defend against and ways to prevent and minimize risks.
Pre-Pack Bankruptcies Strategies and Problems
This panel will discuss the mechanics and pros and cons of pre-packaged plans, covering topics such as favoring secured creditors over unsecured, retaining previous directors and managers. The panel will discuss voting/solicitation requirements, prepack-specific first day motions, and notice requirements. The panel will discuss plan support agreements and the case law detailing the issues associated with a pre-packaged plan.
Ethics: You’re Outta There! Avoiding Disqualification Landmines
This panel will cover disclosure obligations, disinterestedness standards and avoiding disgorgement.
Asset Protection (High Level Strategies & Problems)
This program analyzes the practical aspects of asset protection planning (i.e., what works and what does not). The program discusses practical goals and limitations of asset protection, including exposure points related to avoidance actions under the Uniform Fraudulent Transfer Act and Bankruptcy Code. The program will discuss various structures utilized, as well as the practical implications of such planning.
Recent Decisions Affecting Secured Creditor Rights and the Potential Impact of Such Cases
Cramdown interest rate (Momentive); extent of security interest (ResCap); credit-bidding (Fisker, Free Lance-Star Publishing); date of collateral valuation. Will Till and Momentive change future bankruptcies? How will pre-bankruptcy and DIP financing change? What new or different issues will arise at the beginnings and endings of cases? Will contested confirmation become the norm? Will secured lenders be less willing to support a bankruptcy process? Will include discussion of changes proposed in the ABI Commission to Study the Reform of Chapter 11’s Final Report relating to secured creditor rights.