West Virginia State Approved Sessions

This session will focus on various aspects of bringing and litigating multi-count causes of action springing from fraud, and how to uncover hidden assets in the context of fraud-based avoidance actions.

Forever Chemicals: PFAS chemicals have been dubbed “forever chemcials” because they are extrermely presistent, lasting thousands of years. Many have been linked to long-term health problems, thus generating trillions of dollars in potential liabilities — and bankruptcy filings. Chapter 7 Clawbacks in Fraud Cases: Hear the latest on chapter 7 trustees’ ability to use clawbacks in fraud cases. Distressed Investing Update: Learn about the latest trends in distressed investing — what the latest opportunities are, and what factors should you be paying attention to. The Changing Landscape of Chapter 11: Find out about the newest trends in restructuring and chapter 11 filings, and what new tools parties-in-interest and the courts are turning to in in-court and out-of-court restructurings.

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.

Two lawyers who regularly handle bankruptcy appeals, along with a district court judge who hears bankruptcy appeals, will lead this panel focused on key bankruptcy appeal topics.

This panel will discuss subchapter V updates, including dischargeability, voting and other issues, and will feature a Showdown at the Supremes discussion on Purdue Pharma, as well as a point/counterpoint talk on merchant cash advances (MCAs) and their related bankruptcy issues.

Presented in a game show format, this session will feature real case examples, enabling attendees to learn about the nature of the duty of zealous advocacy, under what circumstances lawyers do cross the line, and the ethical and other consequences of being under- or overzealous.

Attendees will work through case problems in small judge-led groups.

This panel will discuss different tactics creditors use to pursue the collection of debt, how debtors can defend against collection efforts and pursue claims when a creditor has gone too far, how creditors can minimize their exposure to such claims, and the potential impacts of pre-petition proceedings on creditors and debtors when a debtor files a bankruptcy petition.

Joe Navarro will explore the applied use of nonverbal communication in business to better understand, manage or negotiate with others. Drawing on his decades of experience studying human behavior, Joe will highlight those key behaviors executives need to know to decode the world around them.