West Virginia State Approved Sessions

Hosted by the Consumer Bankruptcy and Secured Credit Committees. This panel will explore common (and uncommon) examples of UCC liens in consumer cases. The panelists will discuss goods covered by Article 9, perfection issues, valuations and chapter 7 redemption issues, and will highlight key cases that are shaping the UCC landscape.

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This interactive session will take a practical approach to exploring best practices in bankruptcy litigation, with a particular emphasis on fraud-related claims. Using hypothetical fact patterns, the panelists will guide attendees through key phases of contested litigation — from the initial investigation and assessment of potential claims to courtroom strategy and trial execution. Topics will include evaluating causes of action and defenses, drafting effective complaints, managing motion practice and employing persuasive techniques in the courtroom, including opening statements, witness examinations and evidence presentation. Whether dealing with traditional bankruptcy disputes or complex fraud allegations, attendees will gain valuable insights into prosecuting and defending litigation in the bankruptcy context.

Hosted by the Business Reorganization and Asset Sales Committees. This panel will examine the strategic use of LMEs in the context of asset sales within restructuring frameworks, such as the role of LMEs in facilitating sales, structuring them as conditions to closing, funding LMEs through sale proceeds, or utilizing asset sales as an exit strategy from LMEs or restructuring plans. The panelists will share their insights on the current trends and practical considerations that are shaping these increasingly sophisticated transactions.

Hosted by the Mediation and Ethics & Professional Compensation Committees.This session will examine the complex ethical challenges that arise when mediation and negotiation processes intersect with distressed scenarios, including conflicts between confidentiality requirements and disclosure obligations, navigating fiduciary duties in collaborative settlement discussions (particularly out-of-court RSAs), and managing professional responsibility issues in multi-party bankruptcy mediations. The panelists will provide practical guidance for attorneys, trustees, advisors and mediators on how to balance the informal and confidential nature of mediation with the heightened ethical and fiduciary standards required in insolvency contexts. Attendees will gain valuable insights into best practices for maintaining ethical compliance while effectively utilizing mediation/negotiation as a tool for resolving disputes and facilitating insolvency issues.

Hosted by the Legislation and Health Care Committees. Congressional budget decisions and executive actions are increasingly shaping the bankruptcy landscape for health care companies. This panel will examine how proposed Medicaid cuts, pharmaceutical reforms and the sweeping 2025 megabill are affecting financial distress, restructuring strategies and creditor dynamics in the sector. The panelists will explore the legal and operational implications of these legislative shifts, and how stakeholders are adapting in a rapidly evolving policy environment.

Section 362 of the Bankruptcy Code is one of the most frequently litigated — and often misunderstood — provisions in bankruptcy practice. This session will take a deep dive into the automatic stay, exploring its scope, application and termination. The panelists will analyze key distinctions among the subsections of § 362 and how they interact with other provisions of the Code. Attendees will gain practical insights into effective strategies for obtaining relief from stay, including grounds for relief beyond lack of adequate protection, and will learn how to navigate the procedural and evidentiary requirements for efficiently and cost-effectively securing or confirming relief from the stay.

Hosted by the Commercial & Regulatory Law and International Committees. This panel will discuss the fast-changing landscape of crypto regulation across different jurisdictions, and the effects it is having on crypto-focused bankruptcies both here and abroad.

Join Judge Michelle Harner as she leads Professor Bob Lawless through a discussion of Debt's Grip, a recent book co-authored by Prof. Lawless, Pamela Foohey, and Deborah Thorne. In this interview, Judge Harner and Professor Lawless will examine the realities of financial struggle in the United States through the experiences of people who have filed for bankruptcy. The book uses data from the Consumer Bankruptcy Project combined with personal narratives to argue that most bankruptcies result from crises like job loss or medical emergencies, rather than irresponsibility.

This panel, featuring a former U.S. Attorney, bankruptcy trustee and examiner, will cover such key topics as mail/wire fraud, concealment of assets, false statements, perjury and the Fifth Amendment as they relate to crimes in bankruptcy to help keep bankruptcy practitioners and their respective clients out of trouble.

Hosted by ABI's Bankruptcy Litigation Committee. Repeat filings in chapter 13 cases present unique challenges — and opportunities — for all parties involved. In this practical and timely program hosted by ABI's Bankruptcy Litigation Committee, the panelists will examine the tools and mechanisms available under the Bankruptcy Code to navigate multiple-filer situations effectively. Attendees will gain insights into how debtors, creditors and trustees can protect their respective interests, address abusive filing patterns, and utilize litigation strategies to achieve fair and efficient outcomes. Whether you’re seeking clarity on stay relief, dismissal, sanctions or plan-feasibility issues, this session will provide actionable guidance for managing the complexities of repeat chapter 13 filings.