West Virginia State Approved Sessions

Lord Justice Richard Snowden, a prominent U.K. authority on restructuring and insolvency law, especially in relation to cross-border matters, will kick off this year's symposium with an informative keynote address.

This panel of seasoned professionals will discuss recent developments and trends in U.S. bankruptcy and restructuring.

This panel will discuss how to deploy an effective strategy to uncover and seize hidden assets in a multi-jurisdictional bankruptcy involving a complex corporate structure. The panelists will also discuss other options that may be available to a foreign officeholder and any recent developments that may affect a recovery strategy, and will cover any downside risks of pursuing recognition and ancillary relief.

Hosted by International & Asset Sales Committees Several U.S. bankruptcy courts recently have recognized CCAA reverse vesting orders in chapter 15 cases, but not without some reservations as to their breadth and effect. This panel will discuss the use of reverse vesting orders to effect asset sales in cross-border transactions.

This panel will provide an in-depth examination of the claims-allowance process in bankruptcy, focusing on the latest developments and contentious issues that are shaping this critical area of practice. As bankruptcy courts continue to address complex claims-related disputes, understanding the nuances of standing, timing and calculations has become more important than ever for practitioners.

Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? What if the professional has relationships with others in the case? The professional may bring significant experience and value to the table, some being derived from its prior representation of the debtor, creditors or others involved in the case. When do these considerations outweigh the interests of the estate and the integrity of the system? Is disclosure of the potential conflicts and relationships enough? This panel will explore these and related issues to help guide professionals and judges alike.

Hosted by Bankruptcy Litigation & Real Estate Committees Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.