West Virginia State Approved Sessions

This session provides an in-depth discussion on discovery in bankruptcy proceedings, including strategies and best practices for creating an admissible Rule 2004 record.Learning Objectives:Attendees will evaluate key litigation strategies and procedural considerations that arise throughout the lifecycle of a civil dispute, from case assessment through resolution.Attendees will identify effective techniques for developing factual records, managing discovery, and presenting persuasive legal arguments in both written and oral advocacy.Attendees will apply practical lessons from litigation scenarios to improve case management, client counseling, negotiation, and courtroom decision-making.

This panel examines the unique challenges that Merchant Cash Advances (MCAs) present in subchapter V bankruptcy cases, including disputes over characterization as true sales versus disguised loans. The panelists discuss how courts have analyzed MCA agreements, the implications of recharacterization, and the impact on creditor rights and debtor restructuring efforts. Attendees will gain insight into emerging case law, confirmation issues, and strategies for addressing MCA claims pre-filing and within the subchapter V framework.Learning Objectives:Attendees will analyze how merchant cash advance (MCA) transactions are characterized in Subchapter V bankruptcy cases and evaluate the legal factors courts use to distinguish true sales from disguised loans.Attendees will identify and assess recent case law developments involving MCA agreements, including the implications of recharacterization determinations on creditors’ rights and debtors’ restructuring efforts.Attendees will apply practical strategies for addressing MCA-related claims, confirmation issues, and litigation considerations both before filing and throughout the Subchapter V bankruptcy process.

This panel explores issues that arise in fraud-based bankruptcy cases from both legal and financial perspectives, including managing a case when the fraudsters may still be around, dealing with fraudulent books and records, preserving the value of the business, investigating and litigating fraud and related claims, and working with (or against) the DOJ and other law enforcement agencies.Learning Objectives:Attendees will identify common indicators of fraud in bankruptcy cases and evaluate the legal and financial challenges that arise when fraud is suspected or confirmed.Attendees will analyze strategies for preserving estate value, managing unreliable books and records, and conducting investigations in fraud-based bankruptcy proceedings.Attendees will assess the tools available for pursuing fraud-related claims and understand the roles of the U.S. Department of Justice and other law enforcement agencies in bankruptcy cases involving alleged misconduct.

This panel explores advising clients as to potential alternatives to a chapter 11 filing, with a particular focus on distressed small and mid-market companies. The panelists also provide practical tips on preparation and best practices.Learning Objectives:Attendees will identify key considerations and strategic alternatives available to distressed small and mid-market companies considering a Chapter 11 filing.Attendees will evaluate the unique legal, operational, and financial challenges that arise in restructuring and bankruptcy cases involving small and mid-market businesses.Attendees will apply practical best practices for preparing and managing a Chapter 11 case, including pre-filing planning, stakeholder communications, and case administration.

What is fueling the rise in consumer case filings? This session provides a comprehensive update on national and local trends involving defaults and collection actions across various types of consumer debt. The panelists also examine the growth of emerging fintech products and offer practical guidance for navigating the resulting issues in consumer bankruptcy practice.Learning Objectives:Attendees will identify national and local trends in defaults and collection actions involving various types of consumer debt.Attendees will examine how the growth of emerging fintech products is affecting consumer debt and bankruptcy cases.Attendees will apply practical strategies for addressing default, collection and fintech-related issues in consumer bankruptcy practice.

This freewheeling, unscripted session, led by ABI’s Editor at Large Bill Rochelle, features three bankruptcy judges (one retired) and an experienced bankruptcy practitioner-turned-law-professor sharing their views on a variety of recent decisions covering a broad spectrum of hot topics in commercial and consumer bankruptcy law. Part of their discussion highlights five (or more) recently decided Supreme Court decisions that every bankruptcy lawyer needs to know about, including issues and questions that some of those decisions left undecided.Learning Objectives:Attendees will identify and analyze recent developments, emerging trends, and significant decisions impacting bankruptcy law and practice.Attendees will evaluate the practical implications of current hot-button issues facing debtors, creditors, trustees, and other bankruptcy stakeholders.Attendees will apply insights from recent legal and industry developments to enhance strategic decision-making and client representation in bankruptcy matters.

This ethics-focused panel will examine key professional responsibility issues that arise in bankruptcy practice, with particular attention to attorney fees, conflicts of interest, and retention matters. Panelists will discuss applicable rules, disclosure requirements, court expectations, and recent case developments shaping ethical compliance in both consumer and business bankruptcy cases. The discussion will highlight practical challenges practitioners face in navigating retention applications, fee approvals, and conflict checks in an evolving practice environment.Learning Objectives:Attendees will analyze ethical rules and standards governing attorney fees, conflicts of interest, and professionalretention in bankruptcy cases.Attendees will evaluate disclosure obligations and court expectations related to fee applications, conflict identification, and retention procedures.Attendees will apply practical strategies to identify, address, and resolve ethical issues that arise in bankruptcy representation.

This panel provides a practical overview of key tax considerations and recent developments affecting bankruptcy cases.Learning Objectives:Attendees will distinguish the treatment of various tax obligations in bankruptcy, including dischargeability, priority status, and secured tax claims.Attendees will assess recent legal and procedural developments affecting the administration of tax-related issues in consumer bankruptcy cases.Attendees will develop practical strategies for addressing tax planning considerations, compliance issues, and disputes arising in bankruptcy proceedings.

This panel provides a fast-paced and interactive review of significant recent business bankruptcy decisions and developments shaping today’s restructuring landscape. Through a curated discussion of key cases, the panelists examine the facts, holdings and broader implications of notable rulings affecting chapter 11 practice, litigation strategy and restructuring trends. Moderated discussion and panel commentary offer attendees practical insight into how these developments may impact future cases and advocacy approaches.Learning Objectives:Attendees will identify and interpret recent business bankruptcy decisions impacting chapter 11 practice and restructuring strategy.Attendees will evaluate the legal and practical implications of emerging case law affecting debtors, creditors, lenders, and other stakeholders.Attendees will formulate strategic approaches for addressing evolving business bankruptcy issues in litigation, negotiations, and plan administration.

This panel walks through the appellate process, focusing on preserving issues and effective advocacy.Learning Objectives:Attendees will identify key procedural requirements and deadlines governing bankruptcy appeals.Attendees will evaluate strategies for preserving issues for appellate review and avoiding common procedural pitfalls.Attendees will implement effective appellate advocacy techniques in briefing, oral argument, and case strategy.